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Synopsis

While allowing a habeas corpus plea moved by a woman whose husband had been detained, the Madras High Court recently held that intimation of her husband's detention to her only through the Short Message Service (SMS) could not be held to be a proper intimation. 

The bench of Justices M Sundar and M Nirmal Kumar further observed that there was no material to show that the phone number to which the SMS was sent belonged to the woman. 

Therefore, the bench held, 

"...proper intimation has to be given to the detenu and the detenu must know the reason for his arrest. Further, right of the detenu to make an effective representation qua the preventive detention order is a constitutional safeguard ingrained in Clause (5) of Article 22 of the Constitution of India. In the light of the narrative thus far, this constitutional safeguard is hampered. The sequitur is, the impugned preventive detention order deserves to be dislodged."

The plea was moved in the month of April by the woman assailing a 'preventive detention order dated November 30, 2022' issued against her husband.

The detention order had been made under 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982'.

The counsel for the petitioner argued that the arrest intimation was sent through SMS to the mobile number of the petitioner and it did not contain particulars of the detention. 

Therefore, he argued that non-furnishing of the particulars hampered the right of the detenu to make an effective representation.

Taking the submissions into account, court set aside the detention order and directed the petitioner's husband to be set free forthwith, if not required in connection with any other case/cases.

Case Title: Harini v Tamil Nadu