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 procedural lapse claims rejected due to heavy burden of proof.

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 detention passed u/s 12(2) of the JHARKHAND CONTROL OF CRIMES ACT , 2002 has been confirmed by the respondent No.2 on behalf of the State Government i.e., from 14.05.2025 to 13.08.2025. Further, passed an order dated 11.08.2025 through Memo No. 05/CCA/01/33/2025-285/CCA (Annexure-6) whereby and whereunder the order of preventive detention has been further confirmed for additional three months i.e; from 14.08.2025 to 13.11.2025 and further passed an order dated 07.11.2025 through Memo No. 05/CCA/01/33/2025/392/CCA (Annexure-7) and further confirmed the continued detention of the petitioner for an additional three months, i.e., from 14.11.2025 to 13.02.2026, under Section 12 (2) of the JHARKHAND CONTROL OF CRIMES ACT , 2002.

C. Upon quashing the aforesaid orders passed under JHARKHAND CONTROL OF CRIMES ACT , 2002, the petitioner may be directed to be released immediately in terms of provisions of law.”

Factual Aspect

2. The factual aspect which has been pleaded in the writ petition are as follows:

(i) The Deputy Superintendent of Police, East Singhbhum, Jamshedpur, vide letter dated 21.04.2025, made a recommendation to the Senior Superintendent of Police, East Singhbhum, Jamshedpur that a total of eight cases and five sanhas had been registered against the petitioner and that he was involved in criminal activities and considered an anti-social element. It was apprehended that if the petitioner were to be released on bail, he would pose a threat to the public. Therefore, in the interest of maintaining peace and public order, it was recommended that the petitioner be detained under Section 12 (1) & (2) of the JHARKHAND CONTROL OF CRIMES ACT ,2002(hereafter to be referred as Act,2002).

(ii) Pursuant to the recommendation made by the Deputy Superintendent of Police, the Senior Superintendent of Police, East Singhbhum, Jamshedpur, vide Letter No. 494/DCB dated 26.04.2025, addressed to the District Magistrate-cum- Deputy Commissioner, East Singhbhum, Jamshedpur recommended that the petitioner, being an anti-social element, may cause disruption to public