The High Court of Madras has observed that there is no need for a Special Court to deal with rowdy elements as the State Govt had enacted a law to curb such people. The Court was hearing a plea filed by K K Ramesh, who sought the constitution of Special Courts to deal with rowdy elements in all districts & also wanted the police to file a final report against them within thirty days.
Rejecting the relief sought by the petitioner, a division bench of Justices N Kirubakaran & B Pugalendhi observed that the State Govt had enacted the 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 & Video Pirate Act, 1982. People with bad antecedents are detained as goondas & Tamil Nadu is a state where more detention orders have been passed against rowdy elements. The judges noted that the police also had a mechanism to monitor such elements by opening a history sheet as per Police Standing Order 746.
However, speedy investigation & trial were required for an effective criminal justice system. The court said higher officials must monitor investigation periodically & guide the officers to complete investigation within a stipulated time. Higher officials are also expected to sensitize the IOs about provision under Section 167(2)(a) Criminal Procedure Code which enables hardcore criminals to come out on statutory bail due to delay in investigation
As regards filing of final report against rowdy elements within thirty days, the Judges observed that when CrPC prescribes a procedure & time limit for filing it, the Court cannot entertain the plea.
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