Goondas Act on journo quashed due to delayed police action

A division bench comprising Justice A. Selvam and Justice P. Kalaiarasan set aside the detention order on Thursday while allowing a habeas corpus petition from A Krishnaveni, wife of Ambazhagan, a resident of Poonamallee near Chennai.

Krishnaveni contended that she had already sent two representations to the Police Commissioner to revoke the detention. But her representations were not acted upon within the prescribed time frame. Therefore, the detention is liable to be quashed, she said.

The bench noted that though the authorities had clear working days, no explanation was given for the delay in acting upon the representations.

The same would affect the rights of the detainee, guaranteed under the Constitution. Hence, the detention order is liable to be quashed, the judges said. The bench also directed the authority concerned to set free Anbazhagan, who is imprisoned at the central prison in Coimbatore, unless he is required in some other case.

According to the Tambaram police, the sponsoring authority, Anbazhagan was involved in about 20 cases registered under various sections of the IPC and the Prevention of Atrocities against SC/ST Act relating to threats utilising his position as a journalist.

Holding that Anbazhagan is a habitual offender, the Police Commissioner issued the detention order under the Goondas Act.