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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Aman Singh @ Aman Shekhar S/o Anil Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
1. The present writ petition has been filed under Article 226 of the Constitution of India for the following reliefs:
“a. For issuance of an appropriate writ in the nature of certiorari for quashing the order dated 14.05.2025 (Annexure-2) contained in Memo No. 316(A) passed by the District Magistrate-cum-Deputy Commissioner, East Singhbhum, Jamshedpur (respondent No. 3) directing the detention of the petitioner under Section 12 (1) & (2) of the JHARKHAND CONTROL OF CRIMES ACT for a period of three months and further passed an order dated 30.07.2025 contained in Memo No. 486(A) (Annexure-3) and further passed an order dated 30.10.2025 contained in Memo No. 694(A) (Annexure-4) directing the continued detention of the petitioner under Section 12 (1) & (2) of the JHARKHAND CONTROL OF CRIMES ACT for another three-month period;
b. For issuance of a writ in the nature of certiorari for quashing of order dated 08.07.2025 through Memo No. 05/CCA/01/33/2025-242/CCA (Annexure-5) passed by the Additional Secretary, Department of Home, Prisons and Disaster Management, Government of Jharkhand (respondent No.2) whereby and whereunder the order of preventive dete
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....
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.
The law of preventive detention should not be used arbitrarily to deprive a citizen of his right to life and liberty. The detaining authority must be satisfied that the person's case falls squarely w....
Preventive detention requires a clear link between current threats and past offenses; reliance on stale offenses for detention is insufficient to uphold public order.
Unreasonable delay in passing a detention order and the supply of illegible documents vitiates the detention order, and the detenu has the right to make an effective representation.
The central legal point established in the judgment is the requirement for the detaining authority to apply independent mind and comply with constitutional guarantees when issuing a detention order u....
The main legal point established in the judgment is that the detention order under the Gujarat Prevention of Anti-Social Activities Act, 1985 must be in accordance with the requirement of public orde....
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