[Fsf-friends] Madras HC (Madurai): Inclusion of 'video pirates' under goondas act valid

[Frederick Noronha (FN)]

MADRAS HC(MADURAI) :INCLUSION OF `VIDEO PIRATES' UNDER GOONDAS ACT VALID
Source: The Hindu

The Madurai Bench of the Madras High Court on Friday held as valid the 
inclusion of "video pirates" under the Tamil Nadu Prevention of Dangerous 
Activities Act, popularly known as the Goondas Act, by way of an amendment 
last year.

Dismissing a habeas corpus petition moved by the father of a person from 
Tiruchi, branded as a "video pirate" and detained under the Act, a 
Division Bench, comprising Justice P.K. Misra and Justice A.R. Ramalingam, 
said the amendment in pith and substance related to preventive detention; 
and hence it was valid.

The contention of the petitioner was that the State legislature was not 
competent to enact a law concerning copyright, since it was a Central 
subject. Pointing out that the Seventh Schedule of the Constitution 
distinguished between the subject matter of laws that could be enacted by 
Parliament and State legislatures by drawing reference to three different 
lists ? the Union list, the State list and the Concurrent list, the 
petitioner said copyright fell under entry 49 of the Union list; and 
hence, only Parliament could enact a law on the subject.

http://www.nalsartech.org/tikiwiki/tiki-read_article.php?articleId=4032

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  _/ ____\____    Frederick Noronha (FN) * Freelance Journalist
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