Goondas Act slapped on Kishore Swamy quashed

The Madras High Court on Thursday quashed the order by city police Commissioner detaining BJP supporter Kishore K Swamy under Goondas Act in June, as he was already booked in six cases for making derogatory comments against DMK leaders and women journalists. 

A division bench comprising Justice PN Prakash and Justice R Hemalatha issued the order while allowing the habeas corpus petition filed by Kishore’s father Krishna Swamy. 

“There is an inordinate and unexplained delay of two days in submitting the remarks by the detaining authority and an unexplained delay of 42 days in considering the representation by the Home Minister. The impugned detention order is, therefore, liable to be quashed,” the bench held. The court then asked authorities to release Kishore unless his detention is required in connection with any other case. The petitioner contended that procedural safeguards were violated, which vitiated the detention. “The representation made by the petitioner was not considered on time and there was an inordinate and unexplained delay,” his counsel S Senthil Vel submitted. 

Additional Public Prosecutor R Muniyapparaj argued that though there was a delay in considering the representation, the detention order could not be quashed on that ground alone. But the bench rejected the contention.