Branding activists as goons is against spirit of Goondas Act

“An order of preventive detention, though based on the subjective satisfaction of the detaining authority, is nonetheless a serious matter, affecting the life and liberty of the citizen under Articles 14, 19, 21 and 22 of the Constitution. The power being statutory in nature, its exercise has to be within the limitations of the statute, and must be exercised for the purpose the power is conferred. If the power is misused or abused for collateral purposes, and is based on grounds beyond the statute, takes into consideration extraneous or irrelevant materials, it will stand vitiated as being in colourable exercise of power.” – Supreme Court in V Shantha Vs State of Telangana, 24th May, 2017. 

Thirumurugan Gandhi and four others have been arrested and detained under The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), called ‘The Goondas Act’ in short. They were arrested for marching towards Marina Beach to observe the Mullivaikal remembrance day. The detention is because they defied the prohibitory orders. Slapping several criminal cases and painting these activists as repeated offenders who cannot be curtailed from committing such breaches is the ground shown to define them as goonda and confine them in the prison under the preventive detention law. 

The Supreme Court has repeatedly said that the fundamental rights of citizens ought to be protected and not deprived by the State. Right to freedom of expression and right to peaceful assembly are fundamental rights. Bail and not jail should be the rule. Preventive detention laws deprive the detenue of the right to avail bail. The State in order to silence dissent and to instill fear in the minds of activists has been abusing its power by slapping Goondas Act on right thinking protagonists who do not toe the line of the State’s wishes. 

Tamil Nadu government which is struggling with leadership deficit and steering itself with no impressive development policies or positive work shows its weakness by being intolerant towards dissent. May 17 Movement, about which many did not know has come to limelight and would gain more followers and sympathisers by subjecting the activists to draconian legal provisions of preventive detention. 

Arresting Thirumurugan Gandhi, 42, D Arun Kumar, 27, of Tambaram, M Tyson, 27, of MRC Nagar and Ilamaran alias U Jagan, 32, of Coimbatore and detaining them under Goondas Act will only make them martyrs of their cause. Such arrest and detention are against the spirit of the Act, the Supreme Court rulings in various cases and the very spirit of democracy. It inadvertently creates heroes by branding them as ‘goondas’.