Madras High Court
Navalsah vs The State Of Tamil Nadu on 19 August, 2021
Bench: N.Kirubakaran, P.Velmurugan
H.C.P.No.116 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2021
CORAM :
THE HON'BLE MR.JUSTICE N.KIRUBAKARAN
and
THE HON'BLE MR.JUSTICE P.VELMURUGAN
H.C.P.No.116 of 2020
Navalsah ... Petitioner
Vs
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Department of Prohibition and Excise (Home),
Fort St.George,
Chennai – 600 009.
2.The District Collector and District Magistrate,
Tiruppur District,
Tiruppur.
3.The Government of Tamil Nadu,
rep. by its Secretary, Home Department,
Fort St.George, Chennai.
4.The Director General of Police,
Dr.Radha Krishnan Salai,
Mylapore, Chennai.
5.The Commissioner of Police,
E.V.K.Sampath Road,
Vepery, Periyamet, Chennai.
https://www.mhc.tn.gov.in/judis/
1/8
H.C.P.No.116 of 2020
(R3 to R5 suo motu impleaded as per order in
H.C.P.No.116 of 2020 dated 03.08.2020)
6.Union of India,
rep. by its Secretary,
Ministry of Home Affairs,
New Delhi.
(R6 suo motu impleaded as per order in
H.C.P.No.116 of 2020 dated 17.08.2020) ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India praying for issuance of Writ of Habeas Corpus, calling for the
records in Cr.M.P.No.34/Goonda/2019 dated 13.12.2019 on the file of
second respondent herein and set aside the same as illegal and produce
the detenu Navalsah, Son of Sri Ram Lakshmansah, aged about 20 years,
who is confined at Central Prison, Coimbatore, before the Hon'ble Court
and set him at liberty.
For Petitioner : Mr.Ilayaraja Kandasamy.
For Respondents : Mr.J.C.Durai raj, Government Advocate
(Crl.Side) for R1 to R5.
Mr.Rajesh Vivekanandan, ASG for R6.
ORDER
(Order of the Court was delivered by N.KIRUBAKARAN, J) The matter has been heard through "Video Conference". https://www.mhc.tn.gov.in/judis/ 2/8 H.C.P.No.116 of 2020
2.When the matter is called today, Mr.J.C.Durairaj, Learned Government Advocate (Criminal side) would submit that as per the order of this Court dated 24.08.2020 in H.C.P.No.2516 of 2018, a committee was formed which is evident from the proceedings of the Director General of Police dated 30.09.2020 and as per the recommendation of the Committee, a Draft Bill of the Tamil Nadu Control of Organised Crime Act has been made ready and the same will be placed before the floor of the Assembly in the next session.
3.Even though the case has been filed challenging the detention order passed by the Second Respondent, while dealing the said issue, this Court raised about 25 queries in H.C.P.No.2516 of 2018 including the necessity of the State Government to come out with a new Act, like “Maharashtra Control of Organized Crime Act, 1999” (MCOCA) or similar Act as passed by Karnataka and Gujarat which would enable the police to be more powerful and to deal the criminals effectively and the same reads as follows:
“ (1)How many rowdy gangs/paid killers (Mercenaries) are active in Chennai as well as throughout Tamil https://www.mhc.tn.gov.in/judis/ 3/8 H.C.P.No.116 of 2020 Nadu and in India (2)How many murders have been committed by the rowdy gangs/paid killers in Chennai, Tamil Nadu and throughout India for the past 10 years? (year wise details have to be given) (3)What are all other heinous crimes committed by the rowdy gangs and paid killers in Chennai, Tamil Nadu and throughout India for the past 10 years? (year wise details have to be given) (4) How many cases have been registered against rowdy gangs/paid killers for the past 10 years in Chennai, Tamil Nadu and throughout the nation? (year wise details have to be given) (5)Who are all engaging rowdy gangs/paid killers? (6)Is it a fact that real estate sharks are engaging rowdy gangs/paid killers to grab/encroach the properties of innocent people?
(7)What is the rate of conviction in the cases involving rowdy gangs and paid killers?
(8)Whether in the cases involving rowdy gangs, paid killers etc., the witnesses are made hostile either by winning over the witnesses or by coercion or by threat? (9)Is it a fact that fake surrenders are made after committing heinous crimes by the criminals/paid killers and the real accused remain outside?
(10)Is it a fact that many political parties appoint persons https://www.mhc.tn.gov.in/judis/ 4/8 H.C.P.No.116 of 2020 with muscle power/criminal background as office bearers at every level?
(11)Which are all the political parties which are having criminals/persons with criminal background as office bearers?
(12)Is it a fact that many criminals/rowdies float political parties so that they could escape from police or clutches of law?
(13)Is it a fact that rowdies/history sheeters/paid killers/gangsters are purchasing law degrees from other State law colleges to shield their criminal acts and to avoid police actions?
(14)Whether these rowdy gangs/paid killers have got blessings of some of the police officials? (15)Whether Centralised criminals data base has been created regarding gangsters/rowdies/paid killers in Chennai, Tamil Nadu and throughout India? (16)Is there any grade in classifying and dividing rowdy gangs/paid killers/gangsters?
(17)Whether these rowdy gangs/paid killers get any support from religious groups/organizations, extremist groups, communal groups or political parties? (18)Why the juveniles are getting attracted to gangsters/rowdy groups/paid killers? (19)Is there any social, economical, religious, ideological or communal background for these juveniles or youngsters https://www.mhc.tn.gov.in/judis/ 5/8 H.C.P.No.116 of 2020 getting into these gangs?
(20)Whether any effective and proper steps have been taken to reform the juveniles, who are involved in the crimes along with gangsters, rowdies and paid killers? (21)What are all the steps taken by the State Government to prevent the youngsters from joining in these gangs as many juveniles/minors themselves are forming part of these gangs?
(22)Why not the State Government form a special wing in police headed by an officer in the rank of DGP to contain organized criminals/paid killers/history sheeters/gangsters and recruit officials and give them special training to deal with them and to investigate those cases effectively? (23)Why not the State Government come out with a new Act, like "Maharashtra Control of Organized Crimes Act, 1999" (MCOCA) or similar Act as passed by Karnataka viz., "The Karnataka Control of Organized Crimes Act, 2000 (KCOCA)", which would enable the police to deal with and control the Organized Criminals/paid killers effectively?
(24)How many interstate rowdy gangs, gangsters, paid killers are active in India?
(25)Why not the Union Government pass a legislation like MCOCA or KCOCA to control inter state gangsters/criminals/paid killers?” https://www.mhc.tn.gov.in/judis/ 6/8 H.C.P.No.116 of 2020
4.This Court feels happy and appreciates the State Government for having made ready the draft bill to be presented before the Assembly. If such Act is passed, the police will be able to deal with the criminals effectively.
5.With the above observations, this Habeas Corpus Petition is disposed of. No costs.
(N.K.K.,J.) (P.V.,J.)
19.08.2021
ay
Index:Yes/No
Internet:Yes/No
To
1.The State of Tamil Nadu,
Rep. by its Secretary to Government, Department of Prohibition and Excise (Home), Fort St.George, Chennai – 600 009.
2.The District Collector and District Magistrate, Tiruppur District, Tiruppur.
3.The Government of Tamil Nadu, rep. by its Secretary, Home Department, Fort St.George, Chennai.
https://www.mhc.tn.gov.in/judis/ 7/8 H.C.P.No.116 of 2020 N.KIRUBAKARAN, J.
and P.VELMURUGAN, J.
ay
4.The Director General of Police, Dr.Radha Krishnan Salai, Mylapore, Chennai.
5.The Commissioner of Police, E.V.K.Sampath Road, Vepery, Periyamet, Chennai.
6.Union of India, rep. by its Secretary, Ministry of Home Affairs, New Delhi.
H.C.P.No.116 of 2020
Dated: 19.08.2021 https://www.mhc.tn.gov.in/judis/ 8/8