She treats a gold medalist as a Goonda: A clear case of abuse of power

Many do not know that Kanchi Math former Manager, detained by Jayalalithaa under Goondas Act, is a gold medalist. According to a habeas corpus writ petition filed on his behalf in the High court, Iyer was a B. Com gold medalist from the Nagpur University. He joined as a clerk in the Reserve Bank of India in 1957. After 36 years of service he opted for voluntary retirement from the post of a grade ‘C’ officer. He was involved in the construction of the Puri Sankara Math. After retirement, he joined the Kanchi Math as its manager on honorary basis. And now detained by Jayalalithaa’s police as a Goonda, Sri N. Sunderesa Iyer is languishing in jail.

Luckily, the Madras High Court has come to his rescue. Today the HC admitted a habeas corpus writ plea from V. Ananthanarayanan, son-in-law of Sri Iyer, seeking to produce the later in the High Court and release him. The writ plea said the power of preventive detention had been used with mala fide motive, with a view to disabling the detune from effectively defending the false cases foisted on him. The High court ordered notice to Kanchi District Collector and the Prohibition and Excise Secretary, returnable in four weeks.

The petitioner contended that the detention of Sunderesa Iyer under the Goondas Act was a clear case of abuse of powers. Invoking the power of preventive detention was wholly unjustified. Only a person who habitually committed or abetted commission of specified crimes could alone be brought within the ambit of the Act. Iyer could not be characterized as a goonda. Stating that Mr. Iyer was not one of the assailants who hacked Sankararaman inside a temple at Kancheepuram even according to the prosecution, the petitioner said the detention order was passed on a wrong premise. Further, the occurrence had not affected had not affected the public order, and that the subjective satisfaction of the detaining authority has been completely vitiated by non-application of mind. He said: “The ground that the detune is habitually committing crimes and it also acting in a manner prejudicial to the maintenance of public order and as such he is a goonda is without basis. The grounds of detention are absolutely vague and bereft of material particulars.” Also, “the nexus between the date of occurrence and the date of passing the order of detention is not proved by the detaining authority.” Sankararaman was murdered on September 3, 2004. The orders under the Goondas Act were passed on January 25, 2005. The inordinate delay showed the mala fide intention of the detaining authority, the petitioner further contented, and sought that the impugned order be quashed and that Mr. Iyer be set at liberty.