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The Madras High Court on Monday, December 15, has revoked the Goondas Act against Gnanasekaran, the accused in the Anna University sexual assault case.
The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers, and Video Pirates Act, 1982, commonly known as the Goondas Act, defines a “goonda” as “a member or leader of a gang who habitually commits, attempts to commit, or abets the commission of offences.” Under this Act, an individual can be detained without bail for up to one year.
A division bench comprising Justices B Velmurugan and M Jothiraman, was hearing a petition filed by Gnansekaran’s mother Gangadevi. He was arrested by the Greater Chennai Police (GCP) on December 25 for allegedly sexually assaulting a female student inside the Anna University campus on December 23. He also allegedly filmed the assault and blackmailed the survivor.
During the hearing, the Additional Public Prosecutor submitted that the Goondas Act was invoked based on this sexual assault case, in which Gnansekaran had been awarded life imprisonment without remission for a minimum period of 30 years. He also informed the court that there were a total of 29 criminal cases, including theft, pending against him.
Gnanasekaran, a known history-sheeter from Kottupuram in Chennai, has now been charged under the sections 63(a) (rape), 64(1) (punishment for rape), 75(1)(ii) (sexual harassment), and 75(1)(iii) (sexual harassment) of the Bharatiya Nyaya Sanhita (BNS).
The bench observed that since Gnansekaran had already been convicted and sentenced in the sexual assault case, the Preventive Detention order could not be sustained and set it aside.