HC urged to constitute spl bench to try cases of 1600 puzhal detainees under Goondas Act

Chennai:

Madras High Court has been urged to constitute a special bench for
speedily deciding Habeas Corpus Petitions (HCP) concerning Tamil Nadu
Prevention of Dangerous Activities of Bootleggers, Drug Offenders,
Goondas, Immoral Traffic Offenders and Slum Grabbers Act 1982 would be
voilative of Article 14 (State shall not deny to any person equality
before the law ) and 21  (Protection of life and personal liberty) of
the constitution.

Stating that more than 1600 prisoners are detained under the act and
confined to Central Prison in Puzhal, Prisoners Right forum director P
Pugalenthi told High court that the total detention period under the
Act is 12 months and the prisoners cannot be forced to complete the
entire period despite approaching the court by means of petition under
Article 226 of the constitution challenging their detention in time.

He said the constitution of a special bench for disposing of HCPs is a
must considering the fact that a large number of prisoners have
completed more than eight to 12 months of the total period in
detention.

He stated that almost all the prisoners detained under the Act have
challenged their detention by way of HCPs. “Pendency of HCPs increases
day by day and the court finds it difficult to dispose of HCPs
relating to preventive detention of hundreds of people in time,” he
argued.

 He said the regular bench which is burdened with the hearing of HCPs
(for admission) and non-statutory custody cases and criminal appeals
(admission and final hearing) apart from HCPs would not be in a
position to dispose of the HCPs before the completion of 12 months by
the concerned prisoners.