The Madras High Court has strongly criticized the detention of a private builder under the Goondas Act, labeling it as 'draconian'. The court has directed the former Chennai City Police Commissioner, A Arun, to appear in person during the next hearing of a habeas corpus petition challenging the detention.
Court's Direction
A division bench comprising Justices G R Swaminathan and V Lakshminarayanan issued the direction on Wednesday while hearing an interim plea filed by Kalpana Sharma, the wife of detained builder Santosh Sharma. In her petition, Kalpana Sharma sought four weeks' leave for her husband, citing that their daughter Varsha Sharma had been hospitalized and required parental care.
During the proceedings, the judges inquired about the authority who passed the detention order. Upon learning that the order was issued by the then Commissioner of Police, A Arun, the bench directed him to appear before the court and adjourned the matter.
Background of the Case
Court records reveal that Santosh Sharma had entered into an agreement to construct 234 apartment units on a 2-acre and 10-cent property owned by Poornajothi, wife of L K Sudheesh, located in Ramadoss Nagar. Out of these, 78 apartments were to be allotted to Sudheesh and Poornajothi. However, a complaint was later lodged alleging that the flats earmarked for the couple were sold for Rs 43 crore using forged signatures.
Based on the complaint, the police registered a case and arrested Santosh Sharma. Although he was subsequently released on bail, he was arrested again in 2025 on allegations that apartment buyers were cheated as the promised flats were not handed over. Following these fresh allegations, the Chennai City Police invoked the Goondas Act against him on September 22, 2025.
Next Hearing
The main habeas corpus petition is scheduled for final hearing in June. The court's direction for the former police commissioner to appear in person underscores the seriousness with which the bench views the use of the Goondas Act in this case.
About the Author
Venkadesan S is a Special Correspondent who primarily covers electricity, aviation, the information commission, central investigation agencies, and metro rail.
