Chennai, Jan 6 The Madras High Court has set aside a series of preventive detention orders passed under the Goondas Act against the accused in the Kallakurichi hooch tragedy.
A Division Bench, comprising Justices Subramaniam and M. Jothiraman ruled on Monday that such detention curtails the fundamental right to liberty guaranteed under the Constitution.
The court emphasised that the power to invoke preventive detention laws must be exercised sparingly to avoid misuse or complaints.
The Kallakurichi hooch tragedy, which occurred in June 2024, resulted in the deaths of 68 people and caused serious health issues for approximately 161 others, including loss of vision among several survivors.
The accused in the case were arrested shortly after the incident.
The court observed that the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers, and Video Pirates Act, 1982 (commonly referred to as the Goondas Act) was invoked by the Collector only in August 2024, two months after the arrests.
Justice Subramaniam, who authored the verdict, pointed out that the delay in invoking the Act was unjustified.
Additionally, the court highlighted that some of the accused, reportedly involved in supplying methanol and other harmful ingredients, were illiterate or did not understand Tamil.
Despite this, the documents relied upon by the Collector to pass the detention orders were not translated into languages understood by the detainees.
The failure to provide translated documents violated the detainees’ rights to make an effective representation against the detention orders, the Bench noted.
This procedural lapse, combined with the prolonged delay in invoking the Act, led the court to quash the detention orders.
The Division Bench also noted that the accused had already spent more than six months in custody, with most of them not granted bail.
The court advised the investigating agencies to oppose bail pleas, if necessary, rather than continuing with preventive detention.
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