Intimation sent via SMS invalid, says HC quashing detention order

CHENNAI: The Madras High Court quashed the detention order passed by the Commissioner of Police, Avadi, against A Ezhilkumar under the Tamil Nadu Goondas Act saying that the arrest intimation sent through SMS is invalid and against the Constitutional safeguards.

Allowing a habeas corpus petition by Ezhilkumar’s wife E Harini, a division bench comprising M Sundar and M Nirmal Kumar said that while sending the arrest intimation through Short Message Service (SMS) the police failed to produce any material to substantiate that the said mobile number belonged to the detenue or his wife.

“Proper intimation has to be given to the detenu and the detenu must know the reason for his arrest. Such intimidation through SMS was in breach of the Constitutional safeguards of any arrested accused, as it deprived them of a fair chance to make a representation,” the court observed.

During the course of hearing, counsel Gayathri representing the petitioner contended that the arrest of the detenu has been intimated to his wife through SMS and the same is not supported by any material.

“There was no signature nor any supporting material to show that the arrest intimation was sent through SMS to the mobile number of the petitioner. Therefore, non-furnishing of the particulars hampered the right of the detenu to make an effective representation,” she argued.

Responding to this, the additional public prosecutor R Muniyapparaj submitted that the petitioner was informed about the arrest of the detenu based on the details provided by the detenu and he had not made any representation in this regard and for the first time, such contention is put forth.

Harini filed the habeas corpus petition in the Madras High Court to call for the records relating to the detention order passed by the Commissioner of Police, Avadi city and quash the same.