The Madras High Court in the case Harini v. The State of Tamil Nadu and others observed and has set aside the detention order which is passed by the Commissioner of Police, Avadi City on the ground that the intimation of arrest of the detenue made through an SMS which being improper in the case.
The division bench comprising of Justice M Sundar and Justice Nirmal Kumar in the case observed and has stated that the right of the detenu in order to make effective representation is a constitutional safeguard ingrained as it has been stated under Article 21 of the Constitution of India and the right was being hampered in the present case since the intimation was not made in a proper manner.
The court in the case observed that the arrest intimation is through Short Message Service, SMS. Thus, the reason which was being given is not acceptable and thus, the proper intimation has to be given to the detenu and the detenu must know the reason for his arrest and the right of the detenu in order to make an effective representation qua the preventive detention order is a constitutional safeguard being ingrained under Clause (5) as it has been stated under Article 22 of the Constitution of India.
In the present case, the petition was moved by the wife of a man who was being detained in the case under The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyberlaw offenders, Drug-offenders, Forest offenders, Goondas, the Immoral traffic offenders, the Sand-offenders, Sexual-offenders, the Slum-grabbers, and Video Pirates Act 1982 on the premise that the detenu was being the Goonda.
The petitioner in the plea stated and has challenged the detention order on the ground that though it had been stated that wife of the detenu was being intimated through SMS about the arrest but there was no material in order to support the same. And it has also been submitted by the authorities in the present case that the information was based on the details which are provided by the detenu.
Further, the court in the case relied on its earlier decisions in the case Akilandeswari Vs. State and Ganesh @ Lingesan Vs. State of Tamil Nadu and another, wherein the court has repeatedly upheld that the right of the detenu to be intimated about the arrest for the effective representation. Accordingly, the court directed the detenu to be released and be set at liberty and thus, the court quashed the detention order.
