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.

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