Tamil Nadu - Chennai

Court declines to set aside detention order

CHENNAI: The Madras High Court has declined to set aside an order of detention under the Goondas Act against a woman, who allegedly sold adulterated liquor resulting in the death of 12 persons.

Though the intention of preventive laws was not punitive, the nature of the case on hand showed that had not the detenue been placed under detention, she would have continued to commit such offences, a Division Bench, comprising Justices Elipe Dharma Rao and R. Subbiah, said while dismissing a habeas corpus petition.

Venugopal, the uncle of Parvathi, had challenged the detention order issued in June last year by the Krishnagiri District Collector. He prayed the court for a direction to call for records in connection with the detention order and set it aside, produce the woman before the court and set her at liberty.

Parvathi is now confined in the Special Prison for Women, Vellore.

The detenue had come to adverse notice of authorities on five earlier occasions in connection with prohibition offences – four cases registered by the Thally police station and one by the Hosur Prohibition and Enforcement Wing.

The ground case was registered by the Thally police station against her last year for allegedly selling adulterated liquor resulting in the death of 12 persons and hospitalisation of 42. The Bench said from the material placed on record, there was no doubt that Parvathi was a habitual offender indulging in preparing illicit arrack and selling it. The adverse cases registered against her would establish that she was a bootlegger.

Considering the adverse cases already registered against her, and since recourse to ordinary laws would not help in preventing such offences being committed by her, the sponsoring authority had rightly sponsored her before the detaining authority for detention.

The latter had considered all facts and circumstances and, applying his mind at each and every stage, had passed the order of detention. The Bench said it found no illegality or irregularity warranting the court’s interference.

A Bench consisting of Justices Elipe Dharma Rao and S. Tamilvanan dismissed the habeas corpus petitions seeking a direction to authorities to produce Alex and Michel, who were detained on the orders of Chennai Police Commissioner in August last year, before the court, and set them at liberty.

They were allegedly involved in an incident in July 2008, in which an autorickshaw was intercepted at the Koyambedu roundabout, the driver beaten up and the occupants were threatened and robbed of Rs.40 lakh. The Bench said there was no merit in both the petitions.

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