The Supreme Court on Monday showered praises on the State of Tamil Nadu for applying preventive detention laws against cybercrime offenders.
While hearing a matter related to a cyber fraud worth Rs 84.5 lakh, the Bench of Justice Sandeep Mehta and Justice Joymalya Bagchi observed that the use of preventive detention laws against cyber law offenders was a very welcome approach since normal criminal laws were not proving successful against these offenders.
The observation was made during the hearing of a petition filed by the father of a detenu named Abhijeet Singh.
The petitioner challenged the Madras High Court verdict that dismissed his habeas corpus plea against a preventive detention order passed under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers, Act, 1982.
The petitioner contended that the detention was illegal and violated Article 22(5) of the Constitution as well as procedural provisions of the Act.
As per the case, Abhijeet Singh, a native of Punjab and residing in New Delhi, was arrested on July 25, 2024, on the basis of a complaint registered at Cyber Crime Police Station in Theni district by one Bhanumathi.
The complainant alleged that out of Rs 84.5 lakh, Rs 12.14 lakh had allegedly been transferred into the account of Abhijeet operated under the name M/s Creative Craaft.
Police investigation revealed that Abhijeet had created four companies in the name of himself and his family members, and opened several bank accounts to siphon off the cheated funds.
A preventive detention order was issued against the detenu on August 23, 2024, by the District Collector. The detention was confirmed by the Advisory Board on September 25, 2024.
On November 9, 2024, the government issued an order, confirming Singh’s detention for 12 months.
The Counsel appearing for the petitioner today apprised the Apex Court that the alleged act was a single incident and did not impact public order.
He argued that sufficient time was not provided for the detenu to make an effective representation as the notice was served on September 23, 2024, for a hearing scheduled on September 25, 2024 in Chennai, while the detenu resided in Madurai. The detenu had no prior criminal antecedent, he added.
The Counsel appearing for the State of Tamil Nadu submitted that a counter affidavit had been filed in the case.
The top court of the country directed the Registry to bring the counter on record and upload the soft copy.
Calling it a good trend coming from the state of Tamil Nadu, the Apex Court listed the matter for further hearing on June 25.