Tamil Nadu govt. does not mechanically approve preventive detention orders: State Public Prosecutor

SPP Hasan Mohamed Jinnah tells Madras HC’s Division Bench of Justices Suresh Kumar and Ramakrishnan that the Home Secretary has refused to approve at least four orders, passed by Collectors and Commissioners of Police, in recent times

The Tamil Nadu government does not mechanically approve all preventive detention orders passed by Collectors and Commissioners of Police. In the recent times, the Home Secretary has refused to approve at least four such orders, State Public Prosecutor (SPP) Hasan Mohamed Jinnah told the Madras High Court on Monday.

The submission was made before a Division Bench of Justices R. Suresh Kumar and K.K. Ramakrishnan.

The judges were hearing a petition filed by the Home Secretary seeking clarification with respect to just one of the many directions issued by them on June 30, 2023 regarding filing of counter affidavits before the court.

Last year, the Bench had made it mandatory for the Home Department to file counter affidavits whenever habeas corpus petitions were filed in the High Court challenging the preventive detention orders. It had also listed out the aspects which should be addressed by the government in such counter affidavits.

Making it clear that the government had absolutely no issues with filing such counter affidavits, the SPP said, aspects related to subjective satisfaction arrived at before passing the detention order and the imminent threat to public order could be addressed only by the detaining authority and not the Home Department.

It was also brought to the notice of the court that a preventive detention order, passed either by a Collector or a Commissioner of Police, under the Goondas Act, would be valid only for 12 days, unless it gets approved by the State government, after finding sufficient justification for invoking the preventive detention law.

Accepting his request, the Division Bench clarified that henceforth, the detaining authorities could also file counter affidavits explaining their stand with respect to subjective satisfaction and imminent threat to public order failing which the Home Department should deal with these aspects too in its counter affidavit.

Published - November 18, 2024 10:30 pm IST