The Madras High Court has quashed the detention of a school teacher under the Goondas Act, terming as illegal the allegation of sexual harassment of girls above 21 years of age after five years.
A division bench of Justices PN Prakash and RN Manjula gave this verdict on January 7 while allowing the habeas corpus petition of R Sudha, wife of Rajagopalan, a school teacher.
The allegations against the teacher had come to the fore last year and there was outrage among the people. Later he was arrested.
The judges found that the detention order, in this case, was passed on the basis of a single case in which a 22-year-old girl, an independent costume designer, had said that during 2015-2016, Rajagopalan, who was her commerce teacher, had committed several crimes. Obscene remarks were made on occasions.
Thus, it was clear that the incident of the ground case took place five years back and the detention order was passed on this stale land, without any live link.
It showed non-application of mind. The detention order also pointed to the misbehavior of the detainee during online classes. A reading of the statements made by the affected girls reveals that they are all 21 years of age and above and like the main complainant and must have apparently passed out of school and cannot attend online classes in 2020-2021 She was
Further, the reference to four students who made statements under Section 164 of CrPC on grounds of detention finds no place. Their names were not even given. Therefore, taking into account the non-use of the detention order mind as well as extraneous material, the judges said and quashed the detention order.