How is the Goondas Act invoked? | Explained
The HinduThe Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act of 1982 is probably the only law with such a long title. The Madras High Court is flooded with habeas corpus petitions challenging the detention orders passed under the Goondas Act. Though the initial detention order could be passed for a period of three months, and then extended every three months for a maximum period of 12 months, Section 3 of the 1982 Act states that no such detention order could remain in force for more than 12 days unless the State government approves it in the meantime. If the Advisory Board is satisfied that there is sufficient cause, then the government could continue to detain the person concerned for a maximum period of 12 months by extending the detention every three months but if the Board does not find sufficient cause, then the government must revoke the detention order. Even after the Advisory Board finds sufficient cause for the passing the detention order, it could still be challenged in the High Court by way of a habeas corpus petition filed either by the detainee or his close relatives.