The Madras High Court today directed the Tamil Nadu government to revisit the use of the stringent Goondas Act on people who may be facing charges of civil nature and usury.
A bench comprising justices Rajiv Shakdher and N Sathishkumar gave the direction while quashing the detention of the son of a city-based financier under the Tamil Nadu Act 14, 1982, known as the Goonda's Act.
The court was allowing a petition seeking to set aside the detention of Gagan Bothra, charged for various offences such as cheating and forgery under the Indian Penal Code and also under the TN Prohibition of Charging Exorbitant Interest Act.
"The detenue may have been indulging in usury. However, that cannot lead to the conclusion that he is a goonda as defined under TN Act 14 of 1982. The state must revisit these cases and not wantonly and casually use the provisions of the act," the bench said in its order.
The matter relates to the detention of the Bothra, son of film financier Mukunchand Bothra, arrested on July 25 last over his financial dealings. Later, on August 26, he was detained under the Goondas Act, challenging this his sister moved the court.
The bench also said a perusal of the detaining order would show that intimation (about invocation of the Goondas Act) was not given to the relatives of the detenue.
Also, all adverse cases against the detenue relates to civil transactions.
The bench also directed the Registrar General of the court to communicate its order to the Superintendent Central Prison, Puzhal, through fax and further directed the Additional Public Prosecutor to place the order before the Director General of Police for circulation to his subordinate officers.
It directed the release of the detenue forthwith unless his detention was required in any other case.
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