Detention of mutt manager violates directive

Thursday, 17 February , 2005, 17:24

Rajapalayam: Detention of Kanchi Mutt manager Sundaresa Iyer and Raghu, brother of junior Sankaracharya Vijayendra Saraswathi, both accused in the Sankararaman murder case, under the Goondas Act appears to be a clear violation of a Tamil Nadu government’s recent directive on detentions under the stringent law.

The circular, issued in January to the district collectors and superintendents of police, asked them to ensure that while ordering detention of a person under the Act, there should be at least one "adverse" case or more cases against him/her other than the ground case.

The circular had been issued in the light of observations made by the Supreme Court which held in a case that a solitary instance of robbery, as mentioned in the grounds for detention under the Goondas Act in a criminal case, was not relevant for sustaining the order of detention for the purpose of preventing the persons from acting in a manner prejudicial to the maintenance of public order, an official told PTI on condition of anonymity.

Besides, the advisory board, empowered to review the detentions under the Act, had taken a stand that for the solitary offence under Section 302 of the IPC (murder), the normal law would take care and, therefore, there may not be any detention under the said Tamil Nadu Act 14 of 1982 against such individuals as "Goondas."

The government had revoked some detention orders also following the above advice of the board, the official said.