18/08/2024
"I would uphold the law if for no other reason, but to protect myself"
Working on a Goondas Act case for the past two months. Just learning 100s of places where Police have abused the process of law. And, glad that savukku Shankar case has brought momentum on the abuse of Goondas Act by Tamil Nadu Government. I/O book Goondas like CSR copy on receipt of complaints. No wonder, one day I too may be bround under clutches of this draconian law, and may be the work that I do now, will help me walk scott free.
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So, here are the basic steps
1) Declaration of an accused as a Goonda as per Sec. 3(1) of 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 (Tamil Nadu Act 14/1982) (Goondas Act)
2) Passing of Detention Order by Detention Authority.
3) Communication of such order within four working days to the Detenu and the Detenu's family.
4) Supplying of copies within four working days to the Detenu with the Detention Order, and the Grounds of Detention.
5) Detenu has the right to make representation before the Detention Authority and appeal against the order passed by Detention Authority.
6) Confirmation by STATE Government within 12 days w.r.t to the passed Detention Order., this is called as Confirmation of Goondas. This order will state whether the detention is 3 months or 6 months or 12 months.
7) Constitution of Advisory Board, and placement of representation made by the Detenu or the Detenu's family before the Advisory Board.
8) Order by Advisory Board either confirming the Detention or ordering release of the Detenu.
9) Supply of copy of order of Advisory Board to the Detenu.
10) Detenu or the Detenu's family has the rights to approach High Court and file a Habeas Corpus Petition against the Detention Order
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Although the steps are confined to 10 points, the flagrant abuse of process of law by the authorities are endless, whiling away time of approx 1 month, before the Detenu gets to approach the High Court. And, unless and until, they are all pin-pointed to the competent authority, the Detenu has to languish at Jail, without any relief.
While the application of Goondas is a welcome move on persons who are beyond control, using of such draconian proviso for individuals and petty matters, vitiates the entire purpose of the act. Needless to say, "I would uphold the law if for no other reason, but to protect myself".
The content is a person view of Advocate Sathya Narayanan Subramanian, and not to be taken as legal advice. The personal views are shared to give the readers a head-start on a Goondas case, wherein, the resources available on the internet are very limited to the extent of non-existent. Always follow due process of law challenging any abuse of process of law. Truth always Triumphs.
