CHENNAI: The Madras High Court quashed the detention under Goondas slapped on the alleged accused responsible for the Kallakurichi hooch tragedy, which claimed nearly 70 lives.
A division bench of Justices SM Subramaniam and N Jothiraman, while setting aside the prevention detention, observed that the arrested accused persons were only the distributors and sellers of the illicit arracks, but the real culprits behind the crime were highly connected people who actively colluded with police, revenue and other authorities, and illegally ran the arrack business for several years.
“The persons facing detention under Goondas were involved in the crime for their livelihood. However, they mixed huge quantities of methanol in the illicit arrack - causing the deaths of 70 persons - motivated by greed, not with the intention to cause death,” the bench opined and quashed the preventive detention.
They also observed that the State has already filed the interim chargesheet, and the probe has since been transferred to the CBI; hence, there is no necessity to continue the preventive detention.
The bench also slammed the prohibition department for utterly failing to curb the sales of illicit hooch, which has continued for several years and caused the deaths of 70 individuals.
“Preventive detention is a draconian law. It infringes the liberty of the persons, which is fundamental, and enshrined under the Constitution of India,” added the bench.
The family members of the 18 arrested accused moved a batch of habeas corpus petitions (HCP) seeking to set aside the preventive detention.
The counsels for the petitioners submitted that since there was a delay of nearly two months between the hooch tragedy and the invoking of the Goondas, the preventive detention should be revoked.
Advocate General (AG) PS Raman objected to the contention. He submitted that the police slapped the Goondas against the accused persons for the upkeep of public order in the Kallakurichi region.