Madras HC permits e-post system to communicate detention orders
Chennai: Madras High Court on Saturday permitted use of e-post system to communicate detention orders to the relatives of those to be arrested, and issued a set of guidelines to be followed in this regard.
The division bench comprising Justices V Dhanapalan and CT Selvam gave this direction while quashing detention orders passed by Krishnagiri District Collector against two men, who were detained after their relatives were informed through cell phone.
The bench disapproved of this method, saying intimation of arrest should be communicated to relatives or friends of the arrested through any one of the legally recognised modes, as any deviation will give scope to the arrested person to contest the detention order.
In this case, since the arrests were communicated to the wife and friend respectively over cellular phone, there was no proof to exhibit the intimation of arrest, the court held and quashed the detention order.
The bench directed Additional Solicitor General P Wilson to state the speedy and effective mode of communication after telegraph services were abolished from July 15 this year, to which ASG replied that the e-post system introduced from January 30, 2004 will be ideal.
The bench then directed that arrest of a person shall be intimated to relatives through e-post in the manner prescribed.
It suggested to the state government to hold consultation with BSNL authorities on evolving a mechanism, and also generating acknowledgement as proof if communication was sent to cellphone or landline phone.
The court also directed the state government to effect the communication of arrest through fax from the station of the arresting officer, or from the closest station where such facilities are available.
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