Preventive detention requires clear evidence of habitual offending behavior; mere allegations are insufficient to justify detention under the Jharkhand Control of Crimes Act.

JUDGMENT :

Both the parties agrees for disposal of this case at the stage of Admission. Considering the fact that this case involves personal liberty, we are disposing of this case at the Admission stage itself.

2. We have heard the learned counsel appearing for the petitioner and the learned counsel for the State at length.

3. In this writ application the petitioner has prayed for quashing the order dated 04.09.2024 contained in Memo No. 322(A)/Law passed by the District Magistrate, East Singhbhum at Jamshedpur by which he has been detained in terms of Section 12 of Jharkhand Control of Crimes Act, 2002. Further for quashing the order dated 13.09.2024 passed by Under Secretary, Department of Home, Prison and Disaster Management, Government of Jharkhand by which the prevention order was confirmed. Further the order dated 19.11.2024 passed by District Magistrate, East Singhbhum by which his detention has been extended, has also been challenged in this case by way of amendment.

4. Mr. Jitendra Shankar Singh, the learned counsel for the petitioner submits that the petitioner is neither a habitual offender or anti-social, nor it can be said that he is a threat to the public order. The reference of cases which has been given in the impugned order would suggests that at best there is a law and order problem in the area. He further submits that the petitioner is not an anti-social as defined under the Act. The cases which are pending against the petitioner are personal in nature. In 5 cases he is already on bail and in one case he has already been acquitted. So far as sanha’s (Station Diary Entry) are concerned, he submits that those have not fructified into any criminal case. Thus, he prays for quashing of the impugned orders.

5. The learned counsel appearing on behalf of the State submits that there are 6 cases against this appellant which are reflected in the impugned order. It is submitted that the petitioner has indulged in anti-social activities and is a threat to the society. He further submits that if the petitioner is kept in custody, the law and order problem and the criminal cases in the area will definitely be reduced.

6. The impugned order has been passed in terms of Section 12 of Jharkhand Control of Crimes Act, 2002. Right to life and personal liberty is kept at the highest pedestal in this country. Article 22 of the Constitution guarantees a person protection of his liberty.

7. Section 12 of the Jharkhand Control of Crimes Act gives power to the State Government to detain certain persons. It is necessary to quote Section 12 of the Jharkhand Control of Crimes Act, which reads as under: -

“12. Power to make orders detaining certain persons.-The State Government may.-(1) If satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order and there is reason to fear that the activities of anti-social elements cannot be prevented otherwise than by the immediate arrest of such person, make an order directing that such anti-social element be detained.”

8. As per Section 12 of Jharkhand Control of Crimes Act, 2002 if a person acts in any manner which is prejudicial to the maintenance of the public order (emphasis supplied by us), he can be detained. Further if a person is an anti-social element, he also can be detained.

9. The phrase “anti-social element” has been defined under the Jharkhand Control of Crimes Act, 2002 at Section 2(d) thereof. Section 2(d) of the Act reads as under: -

“2. Definition.- In this Act, unless the context otherwise requires

2(a) …

2(b) …

2(c) …

2(d) “Anti-social Elements” means a person who-

2d(i) either by himself or as a member of or leader of a gang habitually commits, or attempts to commit or abets the commission of offences punishable under Chapter XVI or Chapter XVII of the Indian Penal Code: or

2d(ii) habitually commits or abets the commission of offences under the Suppression of Immoral Traffic in Women and Girls Act