The Madras High Court on Thursday said no criminal action should be taken against those who do not provide particulars regarding the names and addresses of their tenants to the city police.
The First Bench comprising the Chief Justice M.Y. Eqbal and Justice T.S. Sivagnanam passed the interim order on a petition seeking to quash an order of the Chennai Police Commissioner of March 3 this year which said the Director-General of Police had received reports that due to the situation prevailing in Chennai, it was likely that terrorist/anti-social elements may seek hideouts in the guise of tenants in residential premises.
Hence, it was necessary to obtain particulars regarding the names and addresses of tenants in the city's residential areas.
The petitioner, Jim Raj Milton, an advocate, said the Commissioner's action under Section 144 Cr.P.C (Power to issue order in urgent cases of nuisance or apprehended danger), was after the encounter at Velachery here on February 22 in which five persons, suspected to be bank robbers, died.
The police official's order said landlords should furnish the particulars of their tenants along with photographs and cell phone numbers.
Contravention of the order and refusal to give the particulars would be punishable under section 188 (Disobedience to order duly promulgated by public servant) IPC.
Mr.Milton said the order apparently violated the right to privacy. It was arbitrary and excessive exercise of power under section 144 Cr.P.C.
The Bench posted the matter for further hearing after two weeks.
It said that in the meantime, the impugned order should not be suspended. No criminal action should be taken for violation of the order.
