Name goof up leads to quashing of detention

CHENNAI: A simple but grave mistake in mentioning the name of an accused on the part of the authorities in the documents has rendered his detention under the Goondas Act illegal. V Sakthivel was arrested in connection with two cases. By an order dated March 12 this year, passed by the Dharmapuri  Collector, who was also the District Magistrate, he was detained under the Goondas Act.Advocate N Duraisamy brought to the notice of a division bench comprising Justices C Nagappan and M Sathyanarayanan the documents wherein in the column ‘signature of the arrested accused’, the name of one V Saravanan was found. But in the grounds of detention and the detention order passed by the District Collector, Sakthivel, the correct name of the accused, was seen. This exhibited the non-application of mind on the part of the detaining authority, Duraisamy argued. In any event, the Collector, who was the detaining authority, should have sought a clarification from the Home Secretary, the sponsoring authority, but had failed to do so and hence the order of detention was vitiated, he further argued.Accepting the arguments and allowing a habeas corpus writ petition from Sakthivel’s brother Venkatesan, the bench observed that “on this sole ground, the order of detention is liable to be quashed.’’ Accordingly, the bench set aside the detention order and ordered Sakthivel’s immediate release, unless his custody was required in connection with any other case.