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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Nageshwar Singh @ Bittu Singh, S/o Late Harendra Singh – Appellant
Versus
State of Jharkhand – Respondent
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
Preventive detention requires clear evidence of habitual criminality and a threat to public order, not merely law and order issues.
Preventive detention requires clear evidence of habitual offending behavior; mere allegations are insufficient to justify detention under the Jharkhand Control of Crimes Act.
Preventive detention upheld for anti-social element habitually committing grave offences with pending serious cases establishing live proximate public order threat; unsubstantiated mala fides and pro....
The main legal point established in the judgment is the requirement of material connecting the alleged anti-social activity to the breach of public order in order to justify preventive detention unde....
Preventive detention should only be used in rare and exceptional cases where the activities of the detainee affect public order, and vital facts that could influence the detaining authority's decisio....
The detention under the Act should be based on a proper assessment of the impact on public order, and the detaining authority must consider all relevant facts, including the detenue's bail status.
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