The Hindu : Preventive detention in pornographic case upheld

Online edition of India's National Newspaper
Thursday, Oct 10, 2002

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Preventive detention in pornographic case upheld

By Our Legal Correspondent

NEW DELHI Oct. 9. The Supreme Court has rejected a habeas corpus petition filed by Dr. Prakash, a Chennai-based doctor, challenging his detention under the Tamil Nadu Goondas Act for allegedly using Internet to transmit pornographic material. A Bench, comprising Justice Santosh N. Hegde and Justice B.P. Singh, dismissed the petition holding that the petitioner could not substantiate his allegations made against the authorities.

The prosecution case was that Dr. Prakash was detained on February 18 and the main grounds of detention were that he was indulging in offences under Section 67 of the Information Technology Act, 2000, Sections 4 and 6 of the Indecent Representation of Women (Prohibition) Act, 1986 and under Section 27 of the Arms Act.

Referring to the petitioner's contention that his representation to the Chennai Police Commissioner sent on January 28, through the jail superintendent was not considered by the authorities, the Bench said ``the petitioner has not been able to convince us that any such letter was sent by him on January 28''.

Also, there was no substance in the allegation that the Assistant Commissioner of Police, Vadapalani, had implicated the petitioner in the case after he failed to give a bribe of Rs. 5 lakhs to him.

The Bench said that though the petitioner had no legal right to make a representation to the detaining authority, the same was given to him and he did use this right, which representation was considered at an early date and was rejected. The petitioner's contention that the State Government was influenced by the remarks of the detaining authority to dismiss the representation was too far-fetched.

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