Preventive detention requires clear evidence of habitual criminality and a threat to public order, not merely law and order issues.

ORDER :

Per Ananda Sen, J. In this writ petition, filed under Article 226 of the Constitution of India, petitioner has prayed for a writ of certiorari to quash the order dated 04.09.2024 passed by the District Magistrate-cum-Deputy Commissioner, Jamshedpur, East Singhbhum whereby an order under Section 12 of the Jharkhand Control of Crimes Act, 2002, and order of preventive detention has been passed against the petitioner for three months till 03.12.2024. Further, the petitioner has also challenged the order dated 13.09.2024, whereby the order passed under Section 12 of the Jharkhand Control of Crimes Act dated 04.09.2024 has been confirmed.

By way of amendment, the order dated 21.10.2024 of the Government of Jharkhand has been challenged whereby the Government of Jharkhand has confirmed the order after consultation with the Advisory Board.

2. Learned counsel for the petitioner contended that there are no materials to detain the petitioner under the Jharkhand Control of Crimes Act. He submitted that the preventive detention is bad and is without application of mind. He argued that mere pendency of criminal cases, that too involving offence which are not heinous in nature, cannot be a ground to detain this petitioner. As per the petitioner, he is not an anti-social element as defined under the Jharkhand Control of Crimes Act. Taking a plea of maintenance of law and order or on the ground of controlling criminal activities or illegal activities, a person cannot be detained.

3. Learned counsel appearing on behalf of the State-respondents contended that there are sufficient number of cases pending against the petitioner and the cases pending against the petitioner are under Chapter XVI and Chapter XVII of the Indian Penal Code, thus, this petitioner has been rightly detained in terms of Section 12 of the Jharkhand Control of Crimes Act. He argued that since the Advisory Board has given opinion that there are sufficient grounds for detention of the petitioner, petitioner’s detention was accordingly confirmed. He submitted that the order was passed after application of mind. It has also been mentioned that there are 9 (nine) criminal cases pending against the petitioner and two Station Diary Entries were made and all the offences are heinous in nature. It is submitted by the State-respondents that the petitioner is a threat to the society as also to the public order and if the petitioner comes out of jail, he will be a threat to common person. Thus, the order of detention needs to be confirmed.

4. After considering the submissions and arguments of the parties and from perusal of the records, it transpired that the order of detention has been passed in terms of Section 12 of the Jharkhand Control of Crimes Act, 2002. This is a case of preventive detention.

5. Right to life and personal liberty is placed on the highest pedestal by our Constitution, which the Courts have also recognised. Any deprivation of the aforesaid right must strictly be in accordance with a law and the Court has to be satisfied that the authority has acted in accordance with law while depriving a person of his right to life and personal liberty.

6. Article 22 of the Constitution guarantees a person, protection of his liberty as it provides that any person, who is arrested, shall not be detained in custody without being informed the grounds of his arrest and shall not be denied right to consultation or defend himself through a legal practitioner. Further, as per Article 22(2) of the Constitution of India, a person so arrested and detained, shall be produced before the Magistrate within a period of 24 hours of such arrest and he cannot be detained beyond the said period without the authority of the Magistrate. This protection granted under Article 22(2) of the Constitution of India has an exception. The exception lies under Article 22(3) of the Constitution, which provides that Articles 22(1) and 22(2) are not applicable to a person, who is arrested or detained under any