Chennai: Madras high court has directed the home secretary, DGP and the Directorate of Vigilance and Anti-Corruption to issue instruction to all law enforcing authorities including police stations and revenue officials across the state clearly stating that public servants abetting offence of sand smuggling will be punished under the Goondas Act.
“Such circular should contain that public officials are liable to face both departmental disciplinary proceedings as well as penal provisions under the Goondas Act,” a division bench comprising Justices S.M. Subramaniam and S. Ramathilagam said.
The bench gave the directive while allowing a habeas corpus petition filed by Vediyammal, wife of Babu of Krishnagiri district, challenging his detention under the Goondas Act for his alleged involvement in sand smuggling.
The bench said considering the very purpose and object of the Goondas Act and the provisions enumerated, this court was of the opinion that not only the persons who were committing the offence of sand smuggling alone to be booked under the Act, but the persons who were abetting such offences also should be punished under the Act.
“If such laws are implemented in piece meal or at the whims and fancies of the executive/police officials then we are afraid that the very objective of maintaining public peace and order would certainly fail,” the bench said.
There cannot be any variation or discrimination in the implementation of the Act in respect of various classes of offenders existing under the Act. The uniformity in the sense, detaining a driver of a lorry who involved in the offence alone will not serve the purpose nor the same can be construed as effective implementation of the Act, such piece meal implementation will not only encourage habitual offenders but also provide scope for corrupt activities of executive/police officials, the bench added.
The bench said thus, all persons involved, both the persons involved in commission of offence as well as persons who abet the commission of offence were to be booked equally under the Act. In this regard, there should not be any lenience or misplaced sympathy by the state or by the competent authority. The executive/police officials abetting such offence by receiving mamool or indulging in corrupt act were also certainly punished under the Act. The officials who have involved in abetting the commission of offence were to be brought under the definition of Goondas or as sand offender. However, it was painful to note that the law implementing authorities have so far not booked a single case against such corrupt official under the Act.
“We are informed that sand smuggling frequently happening mostly with the knowledge of jurisdictional police and revenue official concerned. The public authority who are bound to prevent such illegal activities are adopting compromising attitude or receiving mamools from such offender or closing their eyes and keeping silent”, the bench added.
