CHENNAI: Stating that preventive detention orders – under the Goondas Act – cannot be passed recklessly, the Madras High Court has ‘censured’ Director of Directorate of Vigilance and Anti-Corruption (DVAC) A Arun for issuing orders to detain a realtor under the Goondas Act when he was serving as the commissioner of Greater Chennai Police.
Making strong observations, a vacation bench of Justices GR Swaminathan and V Lakshminarayanan quashed the detention order issued on September 22, 2025, to detain Santhosh Sharma, director of Lokaa Developers.
The Goondas Act was invoked based on the cases registered against him by DMDK leader L K Sudheesh, his wife Poornajothi and a few others who were allegedly cheated by the realtor.
The bench summoned Arun to the court on Wednesday. “We are clearly of the view that the impugned detention order ought not to have been passed in the first instance,” the court said in the order passed on Friday.
We would normally not make such remarks but we are constrained to do so because Arun is habituated to issuing such orders, most of which have come to the notice of this court and quashed, the bench said.
“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 detenue’s liberty. The detention order has been passed for extraneous reasons,” it added in the order.
Recalling that the post of director of DVAC was held by persons of exceptional calibre and integrity such as C V Narasimhan and CL Ramakrishnan, the bench said even a whiff of allegation was never made against them during their entire career. Just as Caeser’s wife must be above suspicion, the post of director of DVAC should be headed by professionals of sterling reputation.
Stating that the activities of the realtor did not have the potential to disturb “public order”, the bench said there is absolutely no warrant for invoking the “draconian” law of preventive detention.
“If with 28 years of experience such an order can be passed, it would only mean that it was done deliberately and with full knowledge of law and the facts involved,” the bench said.
The Goondas Act was invoked on Santhosh Sharma based on the cases registered against him by DMDK leader LK Sudheesh, his wife and others who were allegedly cheated by the realtor
