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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, V.Sivagnanam, JJ.
Abdul Kalam - Petitioner
Versus
The State Represented by The Secretary to Government, Home, Prohibition & Excise Department and ors. – Respondents
H.C.P.No.1573 of 2024
Decided On : 06-08-2024
HABEAS CORPUS - DETENTION ORDER - The court emphasized that mere registration of a criminal case is insufficient for detention under preventive laws. The authority must demonstrate subjective satisfaction regarding the likelihood of public order breach, which was not established due to the delay in issuing the detention order.
Fact of the Case:
The petitioner filed for a Writ of Habeas Corpus to challenge the detention of Thiru. Abdul Kareem, who was detained based on a solitary criminal case registered against him. The detention order was issued approximately one and a half months after his arrest.
Finding of the Court:
The court found that the competent authority failed to apply its mind adequately regarding the necessity of the detention, as the mere registration of a criminal case did not justify the detention under preventive laws.
Issues: Whether the detention order was justified given the delay in its issuance and the lack of sufficient grounds to establish a likelihood of public order breach.
Ratio Decidendi: The court held that for a detention order to be valid, there must be a clear subjective satisfaction by the authority regarding the likelihood of causing a breach of public order, which was not present in this case due to the significant delay and lack of additional evidence beyond the criminal case.
Result: The court quashed the detention order and allowed the Habeas Corpus petition.
ORDER :
S.M.SUBRAMANIAM, J.
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records in C.M.P.No.40/Drug Offender/Salem City/2024 dated 06.05.2024 on the file of the Commissioner of Police, Salem City, Salem, the second respondent herein and quash the same as illegal and direct the respondent to produce the detenue Thiru. Abdul Kareem, s/o. Kadhar Basha, aged about 23 years, now confined at Central Prison, Salem before this Court and set him at liberty.
Solitary criminal case registered against the detenue is the basis for the issuance of the detention order.
2. The detenue was an intermediary and admittely he was arrested on 14.03.2024. However, the order of detention was passed on 06.05.2024, after a lapse of about one and a half months. Thus, there is a probability of drawing a facutal inference that the competent Authority has not applied their mind with reference to the criminal case registered. Mere registration of the criminal case would be insufficient to detain a person under prevention laws. It must be beyond the criminal case registered and but to the subjective satisfaction of the Authority that there is a likelihood of causing breach of public order.
3. That being so, the subjective satisfaction, which is to be ascertained, mere registration of one case would be insufficient to invoke the detention laws. In the present case, the delay in passing the impugned order of detention is also vital. The Authority has not exercised their powers with proper assessment of the situation and the element of likelihood of causing breach of public order. Thus, we are inclined to interfere.
4. Accordingly, the impugned order of detention in proceedings No.C.M.P.No.40/Drug Offender/Salem City/2024 dated 06.05.2024 on the file of the 2nd respondent is quashed and the Hebeas Corpus Petition stands allowed.
The legal principle established is that the mere registration of a criminal case is insufficient for preventive detention; there must be a clear demonstration of the likelihood of public order breach....
Preventive detention requires a clear and justifiable connection between the individual's actions and a threat to public order, beyond merely having a criminal case registered against them.
Unexplained and inordinate delay in issuing a detention order can invalidate the order by severing the necessary link between grounds and purpose of detention.
Inordinate delays in detention orders can invalidate them if they sever the link between the grounds for detention and the purpose of detention.
Preventive detention requires clear evidence linking detainee's actions to a threat to public order; mere registration of FIRs is insufficient for lawful detention.
Inordinate delay in passing a preventive detention order after arrest invalidates the order due to the absence of a live link between grounds and purpose of detention.
Unexplained and inordinate delay in passing a detention order can invalidate the order by severing the necessary link between the grounds and purpose of detention.
Preventive detention orders must be based on concrete material and timely action; delays can invalidate such orders.
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