New Delhi, Nov 2 The Supreme Court on Monday expunged adverse remarks made by the Madras High Court against an IPS officer for passing a preventive detention order against a realtor under the Goondas Act.
A three-judge bench of Justices Vikram Nath, R Mahadevan and Aparesh Kumar Singh passed the order after former Chennai commissioner A Arun tendered an unconditional apology in the matter.
"We have perused the unconditional apology tendered by the appellant. In the affidavit, the appellant expresses regret for not having tendered an apology before the High Court and for having failed to accept the error committed by him in passing the detention order dated 22nd September 2025," the bench said.
"He further states that, when summoned by the High Court, he ought to have accepted the error at that stage. Having failed to do so, he now tenders his unconditional apology to this Court as well as to the High Court. He has also assured this Court that he would exercise greater care in the discharge of his official functions in the future," it said.
The top court said the exercise of power by a public authority must be guided by a careful appreciation of the facts and the applicable law.
"This assumes particular significance in matters of preventive detention, where the exercise of statutory power directly affects the liberty of an individual. Such power must, therefore, be exercised with utmost circumspection and in strict conformity with the requirements of law.
"At the same time, we consider it appropriate to observe that an officer holding a senior position in the police administration is expected to appreciate the significance of the duties entrusted to him and the responsibility that accompanies the exercise of statutory powers," the bench said.
The apex court said the appellant's expression of regret and his assurance to exercise greater care in the future are duly noted.
"We trust that the same shall be reflected in the discharge of his official functions hereafter. We also caution that the tendering of an apology cannot be regarded as a substitute for due care in the exercise of powers affecting the liberty of a person.
"Having regard to the unconditional apology tendered by the appellant, the assurance furnished by him, and the circumstances of the present case, we accept the apology. In these circumstances, the adverse remarks made against the appellant are directed to be expunged," the bench said.
It clarified that the present order is confined to the adverse remarks made against the appellant and shall not affect the decision of the high court setting aside the detention order.
