Madras High Court Censures IPS Officer A Arun For Passing 'Reckless' Detention Order Against Realtor, Says He Habitually Passes Such Orders censured former Commissioner of Police and current Chief of Tamil Nadu Directorate of Vigilance and Anti-Corruption, A Arun IPS for having passed a detention order against a realtor in an alleged fraud case. While quashing the detention order, a division bench of Justice GR Swaminathan and Justice V Lakshminarayanan remarked that the detention order was passed for extraneous reasons. Even before us, he did not appear to feel that he had passed a wrong order. He strongly justified his conduct. He ought to be aware that a preventive detention order cannot be passed recklessly as it has serious implications on the detenu's liberty. The detention order has been passed for extraneous reasons. We censure Thiru Arun IPS., for having passed the impugned detention order," the court said.
Sharma was accused of selling multiple apartments to purchasers and making double documents again in the name of other accused persons. Sharma's daughter had filed the plea before the court. It was argued that the pending cases against Sharma could have been dealt with under ordinary law and there was no necessity to invoke the provisions of preventive detention. It was argued that even if the allegations against Sharma were taken to be true, it was a private dispute of a civil and criminal nature between individuals and would fall within the purview of "law and order" and not "threat to public order". {kr ????}
when the matter was taken up on Wednesday (27th May), the court expressed displeasure at the manner in which the court bailiff was made to wait for almost 2 hours when he had gone to the IPS officer's office to serve the court summons. The court ordered the office staff, who made the bailiff wait, to appear before the bench and asked the IPS officer to wait in court till then. The court also remarked that the Bombay High Court had initiated contempt proceedings when an office staff disrespected a court bailiff. The court also said that it had summoned Arun to put him on notice before issuing directions. In its order quashing the detention order, while Sharma had willfully breached terms of contract which deserved to be prosecuted in court or law, his acts did not cause threat to public safety as such. Noting that such cases were being registered routinely all over the State, the court said that it would be ridiculous to claim that these cases would disturb the tempo of social life. "Cases such as the one on hand are registered routinely all over the State. We are more than satisfied that the ground case as well as the adverse cases do not have the potential to disturb public order. It is ridiculous to claim that they will disturb the even tempo of social life. There is absolutely no warrant for invoking the draconian law of preventive detention for such cases," the court said.
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The above citation is introduced as happened yesterday in MDS HC and this is in connection with Dr Sunder’s remarks:” So why would these people bother about our NEET paper leak or the CBSE scam? Botheration is only for we commoner 's who pay taxes for them to enjoy luxury’
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There are 5 pillars out of which one is dead that is people; 4th pillar is media who wants money and be in circulation and not worried to do justice to anyone.; 3rd pillar is politicians who either keep enjoying the position looking after their own welfare in majority and thus waste the chair ; BUT DID THE COURT TALKED ABOUT SUCH? WHY NOT? BECAUSE THEY DID NOT ACT; UNLESS THERE IS ACIION THERE IS NO REACTION FROM COURTS; IF SO POLITICALLY THERE ARE NO ACTIONS AS WHY WOULD CRASH ONE PILLAR AGAINST THE OTHER? The 2nd pillar is EXECUTIVE; SIMILAR FEATURE ONE MAY SEE; THE POSTING IS ONLY TO KEEP UP THE WELFARE OF PEOPLE; IN THAT PUBLIC INTEREST THE EXECURTIVE ACTS, COURTS WOULD ADMOSIDH THE ACTION AS IF THE COURT ALONE PROTECTS THE ENTIRE NATION OR THE EEARTH!! UPPOSE FOR A COUPLE OF YEARS IF ALL THESE JUDGES WERE TO FUNCTION AS EXECUTIVES ANS POLITICIANS OF PARLIAMENT AND ASSEMBLY, WHAT THEY WILL DO? ; MAKE THE NATION WONDERFUL? MAKE THE PEOPLE 200% RICH AND BRIGHT IN WELFARE? ALL THE EVILS THEY WILL ERADICATE: ONLY BY LEGAL MEASURES”?; NOTHING; THEY ALL WILL BE BUSY MAKING MONEY; OR ELSE HOW GIRIBALAS ARE SEEN IN THE SOCIETY HARASSING THE DAUGHTER IN LAWS?
THAT IS THE PILLAR 1 WHO ARE MISUSING THEEIR AUTHORITIES, PROSECUTING THE VOICELESS FOR STATISTICS AND RELEASING THE REAL VILLAINS AND ANTI NARTIONAL AFTER TKING THE NECESSARY AWARDS (REWARDS?) .
Few years back may 3or 4 decades back a famous HC JUDGE (by HISGRACE I had some good and wide contacts) a good man, appeared before me for a tea; we were conversing generally; then his purpose of visit was told; he had paid 22 laks then for a flat; the construction which was supposed to have been completed within 2 years, dragged 4 years and yet it was not handed over. The predicament of the judge can be understood even though living in qtrs.; if so what would be the predicament of people living in rented homes paying stretched amount? What will be the predicament of owner suddenly hearing the knock at the owned flat where when door opened, SEEING SOMEONE WITH ARTICLES TO OCCUPY THAT FLAT SHOWING THE OWNERSHIP DOC? AND WHAT YOU SHOULD TELL HIM? GO TO COURT 2 JUSTICES WILL DRAG IT FOR 10 YEARS GIVING ADJOURNMENTS TO DEFENDANTS EASILY BUT NOT TO THE PROSECUTORS AND BY THAT TIME THIS FLAT WOUD HAVE BECOME DEAD AND THUS PILLAR 1 WILL RENDER JUSTICE? I am not diverting from but being pragmatic; power vests not only with politician and judiciary as well as the executive; but why would executive alone is being pulled up? As if mother-in-law Giri Bala against daughter in law? Mere super power siddhanta? THAT IS ALL THE MATTER. WHEN AN EXECUTIVE WHO IS TOILING ALL THE 24HRS IN EXECUTING HIS WORK HAS TO BE THERE IN THE court, that magistrate below rank in par would make him wait without caring, where the dept lawyer would only side the judge than the master payer, just because, that lawyer wants or dreams to be a future judge to be recommended by lordship. FROM SOME ANGLE COCKROACH JANTA PARTY APPEARS GOOD RETORT. IF A COMMISSIONER OF POLICE MAKES THE COURT CAHAUFFER WAIT IT IS TO VBE COMMENTED UPON SINCE only mother-in-law is busty and not daughter in law? AND THAT IMPULSE GOES ONE STEP MORE TO CONDEMN THE EXECUTIVE IN SO MANY WORDS? What’s wrong if ordered under Goondas when one prepares 2 or more documents to one property? Is he a DHARMAR? When asked and when he did not act in decent manner but shows his prowess as to “DO U KNOW WHO I AM” STYLE? IS HE NOT A GOONDA? If police or other executives do not protect people then who else will immediately? Shall one file cases as if judgements are in 24 hrs. hot-serve? PILLARS ARE THEM TO SUSTAIN THE BUILDING AND ONE PILLAR SHALL NOT THINK THAT THAT PILLAR ALONE IS SUPPORTING THE BUILDING.
Sorry I diverted; that judge came asking me to help in realizing at least his investment immediately from the builder. Why he did not go to court? I invited the builder and discussed; he agreed to return the money with interest and was done. But what about the rest? They may have to go to court; but this executive action is erroneous that was what you will say? LAW IS NOT FOR BENDING LIKE RODS; LAW IS IN LAW TO SAFE GUARD AGAINST WHOSE SAKE WERE PASSED DIRECTLY OR INDIRECTLY. Dr SUNDER NOW MUST CHANGE HIS STATEMENT; PUBLIC DO SUFFER BUT WHY DON’T YOU GO TO COURT?
K RAJARAM IRS 30526
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