Madras High Court Rebukes DVAC Chief for Unwarranted Detention Orders
The Madras High Court has issued a strong rebuke to A Arun IPS, the head of the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC), for his pattern of issuing unjustified preventive detention orders. Many of these orders, including a recent one involving a Chennai-based builder named Santhosh Sharma, have been overturned by the court.
A Bench consisting of Justices GR Swaminathan and V Lakshminarayanan delivered their critical observations while annulling a detention order initiated under the Tamil Nadu Goondas Act by Arun. In their May 29 order, the judges emphasized that a preventive detention order carries significant consequences for an individual’s freedom and should not be issued recklessly. They expressed that the order against Sharma was made for inappropriate reasons and formally censured Arun for his actions.
The court was particularly discontented with the detention order in question, suggesting it should not have been issued at all. The bench dismissed Arun’s defenses, describing the order as “deliberate.” The judges conveyed that their decision to make such strong remarks was driven by Arun’s habitual issuance of similar orders, a majority of which have been nullified upon judicial review.
Arun, who issued the contested detention order on September 22, 2025, during his tenure as Commissioner of Police, Greater Chennai, was recently appointed as the Director of Vigilance and Anti-Corruption on May 26. The order led to legal challenges in the High Court.
Upon analyzing the grounds of detention, the court found the order to be unjustifiable. Given several similar cases linked to Arun, the court summoned him to appear personally. During the proceedings, Arun defended his actions as part of his official duties, denying any malicious intent. He lamented being unable to counteract negative social media campaigns due to his position as a government officer.
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The court, however, remained unconvinced. They remarked that Arun, an experienced officer with 28 years of service, should be well-versed in the limitations of preventive detention laws. The bench concluded that the order was made with full awareness of the legal implications, thus rejecting Arun’s explanations.
The court also commented on Arun’s recent appointment as DVAC chief, noting that the position had previously been held by officers of high integrity, such as CV Narasimhan and CL Ramakrishnan. The judges stressed the importance of having individuals of outstanding reputation in roles combating corruption, a serious societal issue.
In addition, the court referenced other cases involving Arun, including the detention of YouTuber Savukku Shankar, which was later annulled by the State due to insufficient cause, and cases concerning journalist Varaaki, where the police were criticized for filing false cases.
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In the current instance, Santhosh Sharma faced detention over allegations of defrauding buyers in a Chennai real estate project. While the court acknowledged the legitimacy of the prosecution based on these allegations, it found no justification for the preventive detention order against him. Consequently, the habeas corpus petition filed by Sharma’s daughter, Varsha Sharma, was approved, and the detention order was nullified.
Advocate Sunny Sheen represented Varsha Sharma, while State Public Prosecutor John Sathyan, assisted by Advocate C R Malarvannan, represented the State.
