Gang rape of minor: Five of 17 accused move high court against Goondas Act
Say No Need To Detain Them Under It
Sureshkumar.K@timesgroup.com
Chennai:27.09.2018
Five of the 17 men accused of raping a minor girl over several months at an apartment complex in Ayanavaram have moved the Madras high court to quash their detention under Goondas Act.
Admitting their pleas, a division bench of Justice C T Selvam and Justice M Nirmal Kumar ordered notice to the Chennai Commissioner of Police and Inspector of the Ayanavaram All Women Police Station returnable in three weeks.
When the pleas came up for hearing on Wednesday, counsel for the petitioners said the September 5 order detaining them under the Goondas Act was illegal, arbitrary and against the fundamental rights guaranteed under the Constitution.Counsel for the petitioners said there was “no urgency, need or necessity for such detention”.
The accused were arrested on July 15 and produced before the Mahila court on July 17 and remanded in judicial custody. Subsequently, the accused were detained under the Goondas Act on September 5.
Pointing out that their bail applications were dismissed by the Mahila court on September 16 in view of their detention under Goondas Act, the petitioners alleged that the detention order was contrary to law, weight of evidence and probability of the case, and against the principles of natural justice.
Advocate P Pugalenthi pointed out that under the Goondas Act, a person could be detained for one year. This was on the ground that heinous crimes such as rape could be checked if such persons were kept under detention.
To get the detention revoked, an accused could approach the Goondas Advisory Board, which could give relief after due hearing normally within 45 days of detention. Or the person could approach the high court through a habeas corpus petition to quash the detention. This process could take four to six months.
In this case, besides habeas corpus petitions, on September 20, 14 of the accused moved the high court seeking transfer of the probe to the Central Bureau of Investigation. They claimed they had lost trust in the state police and feared a free and fair probe would not be done because of “the hype created by the media”.
The petitioners also wanted the court to pass an interim stay against the present investigation pending hearing of their plea. Admitting the plea, the court decided to hear it incamera.
The petitioners alleged that the detention order was contrary to law and against the principles of natural justice.
Say No Need To Detain Them Under It
Sureshkumar.K@timesgroup.com
Chennai:27.09.2018
Five of the 17 men accused of raping a minor girl over several months at an apartment complex in Ayanavaram have moved the Madras high court to quash their detention under Goondas Act.
Admitting their pleas, a division bench of Justice C T Selvam and Justice M Nirmal Kumar ordered notice to the Chennai Commissioner of Police and Inspector of the Ayanavaram All Women Police Station returnable in three weeks.
When the pleas came up for hearing on Wednesday, counsel for the petitioners said the September 5 order detaining them under the Goondas Act was illegal, arbitrary and against the fundamental rights guaranteed under the Constitution.Counsel for the petitioners said there was “no urgency, need or necessity for such detention”.
The accused were arrested on July 15 and produced before the Mahila court on July 17 and remanded in judicial custody. Subsequently, the accused were detained under the Goondas Act on September 5.
Pointing out that their bail applications were dismissed by the Mahila court on September 16 in view of their detention under Goondas Act, the petitioners alleged that the detention order was contrary to law, weight of evidence and probability of the case, and against the principles of natural justice.
Advocate P Pugalenthi pointed out that under the Goondas Act, a person could be detained for one year. This was on the ground that heinous crimes such as rape could be checked if such persons were kept under detention.
To get the detention revoked, an accused could approach the Goondas Advisory Board, which could give relief after due hearing normally within 45 days of detention. Or the person could approach the high court through a habeas corpus petition to quash the detention. This process could take four to six months.
In this case, besides habeas corpus petitions, on September 20, 14 of the accused moved the high court seeking transfer of the probe to the Central Bureau of Investigation. They claimed they had lost trust in the state police and feared a free and fair probe would not be done because of “the hype created by the media”.
The petitioners also wanted the court to pass an interim stay against the present investigation pending hearing of their plea. Admitting the plea, the court decided to hear it incamera.
The petitioners alleged that the detention order was contrary to law and against the principles of natural justice.
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