‘Invoke Goondas Act against officials guilty of sand theft’

The court’s observation came on Tuesday even as the police were grappling with the murder of one of their own, allegedly by sand smugglers, in Tirunelveli. 

Noting that there can’t be any discrimination while implementing the provisions of the Goondas Act, a division bench of justices S M Subramaniam and S Ramathilagam said, “We are informed that sand smuggling frequently happens mostly with the knowledge of jurisdictional police and revenue officials concerned. 

The public authorities who are bound to prevent such illegal activities are adopting a compromising attitude or receiving ‘mamool’ from such offenders or closing their eyes and keeping silent.” 

The bench was passing orders on a habeas corpus petition moved by the wife of a lorry driver who was detained under the Goondas Act by Krishnaigiri Collector, seeking to quash the order and release her husband Babu. Holding that the detainee is liable to be released since the authorities have delayed disposing his applications for release under the Act, the bench also held, “If such laws are implemented in piecemeal or at the whims and fancies of the executive/police officials, then we are afraid that the very objective of maintaining public peace and order would fail.” 

“Detaining a driver of a lorry who is involved in the offence alone will not serve the purpose nor the same can be construed as effective implementation of the Act.

Such piecemeal implementation will not only encourage the habitual offenders but also provide scope for corrupt activities of executive/police officials”, the bench added. 

Holding that those involved in the commission of the offence as well as those who abet it should be booked under the Act, the bench directed the Home Department, the DGP and DVAC to issue a circular to all law-enforcement authorities stating that the public servants who abet the commission of offence of sand smuggling will also be punished under the Goondas Act.