Observing that the powers of preventive detention must be exercised with great circumspection by a public authority, the Supreme Court on Monday (November 2) accepted the unconditional apology tendered by senior IPS officer A. Arun for an error committed while passing a detention order, and for not apologising before the Madras High Court, LiveLaw reported.

Source: LiveLaw

A bench of Justices Vikram Nath, R. Mahadevan and Aparesh Kumar Singh expunged the adverse remarks against the officer in the High Court's judgment, and at the same time cautioned him to discharge his official duties with greater care. LawChakra's summary of the same order likewise reported that the Court expunged the remarks after the unconditional apology but cautioned that an apology is no substitute for care in preventive detention.

Source: LawChakra

What the Court said

"We consider it appropriate to observe that an officer holding a senior position in the police administration is expected to appreciate the significance of the duties entrusted to him and the responsibility that accompanies the exercise of statutory powers. The appellant's expression of regret and his assurance to exercise greater care in the future are duly noted. We trust that the same shall be reflected in the discharge of his official functions hereafter. We also caution that the tendering of an apology cannot be regarded as a substitute for due care in the exercise of powers affecting the liberty of a person," the Court said, according to LiveLaw.

"Having regard to the unconditional apology tendered by the appellant, the assurance furnished by him, and the circumstances of the present case, we accept the apology. In these circumstances, the adverse remarks made against the appellant in paragraph nos. 6, 8, 10 and 19 to 23 of the impugned judgment are directed to be expunged," the Court added. It clarified that the High Court order setting aside the detention itself remains unaffected. The officer is currently Director of the Tamil Nadu Police Academy, LiveLaw reported.

₹1.38 crore+Amount the buyer allegedly paid in the apartment case behind the detention, as alleged
Sep 1, 2025Date the detenue and his wife were arrested, per the report
Paras 6, 8, 10, 19–23High Court remarks the Supreme Court directed to be expunged

The detention order behind the case

The matter arose from a detention order passed by A. Arun under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities Act, 1982 (Tamil Nadu Act 14 of 1982), classifying the first respondent's father, Santhosh Sharma, as a 'Goonda', when Arun was Commissioner of Police, Greater Chennai. The detention was based on allegations — not court findings — that Sharma and his wife, directors of a real estate company, cheated a buyer who had paid over ₹1.38 crore towards an apartment that was allegedly not handed over despite agreements and payment, and that the property was subsequently dealt with in favour of third parties and mortgaged using allegedly forged documents.

A criminal case was registered under Sections 409, 420, 465, 468, 471 and 120-B of the Indian Penal Code, and Sharma and his wife were arrested on September 1, 2025. Sharma's daughter challenged the detention before the Madras High Court, which set it aside and, while doing so, made adverse observations against Arun, observing that he was habitual in passing such detention orders and criticising his appointment to a senior vigilance post. For expunging those remarks, Arun approached the Supreme Court with an unconditional apology. The case is A. Arun v. Varsha Sharma & Ors., reported as 2026 LiveLaw (SC) 1117.