CHENNAI: The City Police Commissioner’s orders of March 3 this year directing house-owners in the city to furnish details about their tenants on or before April 30, was stayed by the Madras High Court on Wednesday.The first bench comprising Chief Justice MY Eqbal and Justice TS Sivagnanam granted the stay while passing further interim orders on a public interest writ petition from S Jim Raj Milton, secretary of Human Rights Protection Centre-TN. The bench admitted the petition and posted the same for further hearing after summer vacation. The bench, passing interim orders on the petition on March 29 last, had stayed a portion of the CoP’s order relating to initiation of criminal action against land-lords for failure to furnish the details. The writ petition sought to quash the March 3 order and to destroy and annul the data already collected from the landlords or to stay its operation.Petitioner contended that the order issued under Sec 144 of the CrPC, was arbitrary. The data collection was not regulated under any specific law in India. There was no measures to safeguard the privacy of the citizens, ensured under Article 21 of the Constitution. There was no emergency or excigency and it was not subjectively spelt out in the order. The Police Commissioner had failed to satisfy the mandatory test laid down by the Supreme Court and the High Courts to execute powers under Sec 144 of the CrPC as it directly affected the fundamental rights ensured under the Constitution, petitioner further contended.
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