Supreme Court Expunges Remarks Against IPS Officer After Apology, Clarifies Detention Order Remains Set Aside

The appellant, then Commissioner of Police, Greater Chennai, issued a detention order under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities Act, 1982, classifying the first respondent’s father as a “Goonda”.

The High Court set aside the detention order and made adverse remarks about the appellant. The appellant appealed to the Supreme Court seeking expunction of those remarks. He tendered an unconditional apology and undertook to exercise greater care in future.

Under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities Act, 1982, detention power is a statutory power that must be exercised with utmost circumspection and in strict conformity with law, particularly because it directly affects personal liberty.

An apology cannot substitute for due care in exercising powers affecting liberty.

The Court considered the appellant’s unconditional apology, his regret for failing to acknowledge his error before the High Court, and his assurance of greater care in future.

Taking these matters and the circumstances of the case into account, it accepted the apology and directed expunction of the specified adverse remarks, while cautioning that an apology does not replace the duty to exercise statutory powers carefully. The Court separately clarified that expunction would not disturb the High Court’s decision to set aside the detention order.

The High Court’s decision setting aside the detention order remained unaffected.