| Headnote |
Preventive Detention – Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders,Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act,1986 – s.3(2) and 2(x) – Order of detention u/s.3(2) – It was alleged that detenu was a ‘white-collar offender’ u/s.2(x) who cheated gullible job aspirants which was prejudicial to “maintenance of public order “– Detenu had moved bail applications in two cases in which he was in judicial custody and the Magistrate had granted him conditional bail, however, as recorded in the detention order, it was apprehended that he may violate the bail conditions while committing similar offences – Detention order challenged – Held: Order of detention, on facts, was evidently based on stale material and demonstrated non-application of mind on part of the detaining authority to the fact that the conditions imposed on the detenu, while granting bail, were duly fulfilled and there was no incidence of further violation – High Court failed to probe the existence of a live and proximate link between the past cases and the need to detain the detenu – Mere apprehension of a breach of law and order is not sufficient to meet the standard of adversely affecting the “maintenance of public order” – Apprehension of a disturbance to public order owing to a crime reported over seven months prior to the detention order had no basis in fact – Nature of allegations against the detenu are grave – However, personal liberty of an accused cannot be sacrificed on the altar of preventive detention merely because a person is implicated in a criminal proceeding – Clear example of non-application of mind to material circumstances having a bearing on the subjective satisfaction of the detaining authority – Detention order accordingly quashed and set aside – Public Order – Constitution of India, 1950 – Art.22. Preventive Detention – Detention orders under Telangana Act of 1986 – Callous exercise of exceptional powers by detaining authorities and respondent-State – Incorrect application of standard for maintenance of public order and reliance on stale materials while passing orders of detention – Respondents directed to take stock of challenges to detention orders pending before the Advisory Board, High Court and Supreme Court and evaluate fairness of the detention orders against lawful standards – Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act,1986. Law and Order – Distinction between disturbance to law and order and disturbance to public order – Held: Every disorder does not meet the threshold of a disturbance to public order, unless it affects the community at large – Public Order. Constitution of India, 1950 – Art.226 – Writ jurisdiction under – Scope – Held: While the ordinary procedural hierarchy among courts must be respected, the High Court’s writ jurisdiction u/Art. 226 extends to protecting the personal liberty of persons who demonstrated that the instrumentality of the State was being weaponised for using the force of criminal law. Constitution of India, 1950 – Art.22 – Object and purpose of – Held: Art.22 of the Constitution was specifically inserted and extensively debated in the Constituent Assembly to ensure that the exceptional powers of preventive detention do not devolve into a draconian and arbitrary exercise of state authority – Preventive Detention. |
