Compensate history sheeter who was illegally detained under Goondas Act, Madras HC orders

CHENNAI: The Constitution of India does not distinguish between a good person and bad person, said the Madras High Court and directed the State to pay compensation to a history sheeter who was detained illegally under the Goondas act.

Referring Article 21 of the Constitution no person can be deprived of his life or personal liberty, wrote Justice N Anand Venkatesh while allowing a petition moved by R Eswaran, seeking compensation for illegally detaining him.

The judge held that the State has illegally detained the petitioner even the advisory board found no justification in detaining him and ordered to pay Rs 50,000 to the petitioner as compensation.

The petitioner claimed that he was detained under the Goondas act from November 23, 2021 to March 17, 2022, pursuant to the order of Dindigul collector.

Advocate S Karthik, the counsel for the petitioner submitted that the advisory board has declared there is no cause shown justifying the petitioner's detention and which was approved by the Home Prohibition and Excise department on January 4, 2022. Despite that, the State detained the petitioner till March 17, 2022 under illegal detention and sought compensation.

Additional Advocate General (AAG) Veera Kathiravan submitted that

a process has to be completed before the petitioner is released and it took sometime to complete the process, hence there is no illegal detention. AAG objected to the compensation claim as the petitioner is a history sheeter.

Refusing the AAG's submission the judge held that "No law can say that only a paragon of virtues can be paid compensation and others are not entitled for the same".

Such stand of the State is wholly unsustainable and it violates the fundamental right enshrined under Article 21 of the Constitution, wrote the judge.