COVID victims’ burial: Plea to slap Goondas Act dismissed

A division bench comprising Justice M Sathaynarayanan and Justice M Nirmal Kumar, before whom the plea moved by Advocate AP Suryaprakasam in this regard came up, said, “Passing of the order of detention under the said Act involves the placement of sufficient materials and application of mind on the part of detaining authority, and this court cannot issue any positive order as the derivation of subjective satisfaction falls within the domain of the detaining authority.” Holding that the petition is not maintainable, the bench dismissed it.

The plea had sought invocation of the provisions of the Tamil Nadu Act 14 of 1982 against the offenders who prevented the burial of the mortal remains of a doctor who died due to COVID-19.

Twelve persons who were arrested for obstructing the burial of a doctor who succumbed to COVID-19 have moved the bail applications before the District Principal and Sessions Court, Chennai.

Earlier, the court had dismissed the bail petitions of 10 other accused, citing that they were not law-abiding citizens and had no regard for the law.

On April 20, Anna Nagar and TP Chatram police had arrested 22 persons in connection with the attack on an ambulance that had arrived at burial ground with the body of Dr Simon Hercules, a neurosurgeon who died due to COVID-19.

The bail petitions were filed by Somasundaram, Suresh, Vignesh Kumar, Kumar alias Pichai, Vijai and Mani, who were arrested by Anna Nagar police.

Similarly, Kumaresan, Mohan, Jeyamani, Jeyapriya and Tamizhselvan, who were arrested by

TP Chataram police, too, moved the bail petitions.

They were arrested for the offences punishable under Sections 147 (rioting), 148 (rioting, armed with a deadly weapon), 294(b) (uttering obscene words), 332(voluntarily causing hurt to deter public servant from his duty), 324 (voluntarily causing hurt by dangerous weapons), 307 (attempt to murder) and 506(ii) of Indian Penal Code r/w 269 of IPC, and Section 3(1) of Tamil Nadu Property Prevention of Damage and Loss Act.