MADRAS HIGH COURT: QUASHED DETENTION ORDER; INTIMATION OF ARREST OF DETENUE MADE THROUGH SMS HAMPERS CONSTITUTIONAL SAFEGUARD OF EFFECTIVE REPRESENTATION
The Business Guardian|May 23, 2023
The Madras High Court in the case Harini v.
MADRAS HIGH COURT: QUASHED DETENTION ORDER; INTIMATION OF ARREST OF DETENUE MADE THROUGH SMS HAMPERS CONSTITUTIONAL SAFEGUARD OF EFFECTIVE REPRESENTATION

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.

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