The Madras High Court has set aside the detention of construction firm owner Santosh Sharma under the Goondas Act, holding that the grounds cited did not amount to a threat to society or public order.
In its order, the court noted that even if there were allegations of contract violations, such disputes are matters that can be examined through regular legal proceedings. Calling it “ridiculous” to claim that the case affected public order, the court said there was no need to invoke the Goondas Act.
The court further observed that Arun, an IPS officer with 28 years of experience, issued the detention order despite it being clear that the case did not fall within the scope of public tranquillity. This, the court said, indicated that the order was passed deliberately.
It also remarked that Arun had issued several such detention orders as a matter of routine and, even after appearing before the court, did not appear to acknowledge any mistake. Instead, he strongly defended his action, which the court said warranted condemnation in this case.
