Preventive detention does not require fresh Advisory Board approval for extensions if the initial order is confirmed within the statutory limit, as long as the detention remains within the maximum period mandated by law and the subject remains classified as a habitual anti-social element.

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:

“That by way of the instant writ application the petitioner prays for quashing the order as contained in CCA no 1/2025-2026 dated 01/09/2025 passed by the Learned deputy commissioner cum District Magistrate, Palamu by which the detention order passed under section 12(II) of Jharkhand Crime Control Act, 2002 has been extended till 4/12/2025 (Impugned order) and declare the detention of the petitioner as illegal and unconstitutional.;

AND

The petitioner further prays for quashing the order as contained in CCA no 1/2025-2026 dated 18/07/2025 passed by the Learned under Secretary Home prison and disaster management department by order dated 18/7/25 no 05/CCA/01/38/2025-256-CCA since the advisory council has expressed the opining that there exits sufficient ground for detaining the petitioner under the Jharkhand crime control act 2002, therefore in exercise of the powers conferred under section 21(1) and section 22 of the Jharkhand crime control act 2002, the state government confirmed detention order passed by district magistrate palamu dated 5/6/25, under section 12(II) of the Jharkhand crime control act, 2002 in case no 01/2025-26, which pertains to the detention of the said criminal under provisions of the act. Accordingly under the Jharkhand crime control act 2002, the aid criminal shall remain in detention for a period of 3 months from the date of the detention order ie from 5/6/25 to 4/9/25 by the order of the governor of Jharkhand undersecretary to the government, the copy of said order was communicated to the superintendent central jail MedliNagar Palamu for service of detention order of the detaining, copy of the deputy commissioner and superintendent of police palmu for information and necessary actions. Further the deputy commissioner cum district magistrate palamu was requested to ensure that the proposal of extension of detention period against the said criminal is submitted to the department through special messenger at least 15 days before the expiry of the present detention period.”

Factual Aspect

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

i. The petitioner was made an accused in several cases which led the respondents to initiate the proceeding under section 12(2) of Jharkhand Crime Control Act, 2002.

ii. The police inspector-cum-officer-in-charge Town Police Station, Palamu vide letter no.1591/2025 dated 15.05.2025 addressed to the Sub Divisional Police Officer, Medininagar proposed for initiation of proceeding under CCA in terms of section 12(2) mentioning therein that the petitioner is a professional criminal indulged in cases of murder, extortion, Arms Act and charged sheeted in 10 cases lodged in Palamu was mentioned. The petitioner is in habit of terrorizing the contractors, managing tenders and taking illegal possession of land. The petitioner was made accused in Town PS case No. 33/2025 and was in custody and there is every likelihood that after being released on