The Madurai Bench of Madras High Court on Tuesday set aside the detention order of Russ Foundation Director M. Berlin Jose and his employee John Prabhakar under the Goondas Act, after taking into account the fact that the authorities concerned had not considered their representations.
A Division Bench of Justices K. Kalyanasundaram and T. Krishnavalli set aside the order. Both Berlin Jose and John Prabhakar had challenged their detention.
They were arrested and remanded in judicial custody on the charges of sexually assaulting a 10-year-old girl, an inmate of the home run by the foundation. Following the incident, the private home at Thondaimanpatti in Madurai district has been sealed.
In his petition, Berlin Jose said that the detention order was passed against him in a casual manner. Without any material or evidence on the allegation of sexual harassment, the detaining authority assumed that he was a threat to society, he said.
Earlier, the bail petition filed by Berlin Jose before the High Court Bench was dismissed after the court was informed that the provisions of Goondas Act had been invoked against him.
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