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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, V.Sivagnanam, JJ.
Vasantha - Petitioner
Versus
The Secretary to Government, Home, Prohibition & Excise Department and ors. – Respondents
H.C.P.No.1170 of 2024
Decided On : 06-08-2024
HABEAS CORPUS - PREVENTIVE DETENTION - The court emphasized that a single criminal case, particularly under Section 302 of IPC, is insufficient to justify preventive detention. It highlighted the necessity for a clear connection between the criminal case and a potential disturbance to public order, requiring the detaining authority to exercise subjective satisfaction and apply due diligence in assessing the grounds for detention. The court underscored the importance of personal liberty and the need for preventive detention laws to be applied sparingly, ultimately quashing the detention order due to inadequate grounds.
Fact of the Case:
The petitioner filed for a Writ of Habeas Corpus to challenge the detention order against his son, Shanmugam @ Jambu, who was detained under preventive detention laws based on a single criminal case registered under Section 302 of IPC.
Finding of the Court:
The court found that the grounds for detention were insufficient, as the mere registration of a criminal case did not establish a likelihood of causing a disturbance to public order. The court noted that the detaining authority failed to demonstrate a proper application of mind regarding the necessity of detention.
Issues: Whether a single criminal case under Section 302 IPC is sufficient to justify preventive detention under the relevant laws, and whether the detaining authority exercised proper discretion in assessing the grounds for detention.
Ratio Decidendi: The court held that preventive detention must be based on more than just the existence of a criminal case; there must be a clear indication that the individual poses a threat to public order. The likelihood of bail and the subjective satisfaction of the detaining authority are critical factors in such determinations.
Result: The court quashed the detention order dated 08.05.2024 and allowed the Habeas Corpus petition, ordering the release of the detenue.
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 pertaining to the order of detention passed by the 2nd respondent in C.M.P.No.42/Goonda/Salem City/2024 dated 08.05.2024 against the petitioner's son the detenue Shanmugam @ Jambu aged 33 years s/o. Perumal is now confined in Central Prison, Salem and set aside the same and direct the respondents to produce the detenue before this Court and set him at liberty.
The impugned order of preventive detention dated 08.05.2024 has been issued relying on a single criminal case registered under Section 302 of IPC. It would be insufficient, if a criminal case has been registered against the detenue, it must be established that such criminal cases registered would result in causing disturbance to public order.
2. In the present case, the bail also has not been granted. Likelihood of grant of bail is one of the criteria to be taken into consideration by the detaining Authority. In the absence of any such likelihood of grant of bail, invocation of Act 14 of 1982 would be improper. Therefore, registration of a criminal case alone cannot be a ground to detain a person under prevention laws. There must be reasons beyond the registration of a criminal case and likelihood of causing breach of public order would be subjective satisfaction to be exercised by the detaining Authority. Mere assessment would be insufficient and application of mind with reference to the fundamental right is to be looked into by the detaining Authority. Casual approach by the detaining Authority at no circumstances be encouraged by the Courts. Personal liberty being a valuable fundamental right of a citizen and in a developing country like ours, the preventive detention laws are to be exercised sparingly and not in a routine manner.
3. In the present case, the grounds on which the order of impugned detention has been passed would be insufficient to confirm the same. One criminal case registered under Section 302 of IPC would not be a ground to pass an order of detention and in such circumstances, in every such similar case also there is a possibility of such order of detention by the competent Authority. Thus, we are not convinced with the grounds under which the impugned order of detention has been passed.
4. Accordingly, the order of detention in proceedings C.M.P.No.42/Goonda/Salem City/2024 dated 08.05.2024 is quashed and the Habeas Corpus Petition stands allowed.
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.
Preventive detention must be based on a clear and proximate threat to public order, and reliance on outdated or irrelevant cases is insufficient to justify such detention.
Preventive detention must be justified by a direct and proximate connection to the likelihood of a breach of public order; reliance on remote past cases is insufficient.
Preventive detention must be justified by a clear and immediate threat to public order, and reliance on remote past cases is insufficient to uphold such detention.
Preventive detention cannot be justified solely on the basis of registered criminal cases; there must be a clear and present danger to public order.
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 under the Tamil Nadu Act 14 of 1982 requires the detaining authority to demonstrate subjective satisfaction regarding the necessity of detention to maintain public order, and pro....
Preventive detention requires subjective satisfaction linked to the facts of the case; mere reliance on dissimilar bail orders without adequate reasoning is insufficient.
Preventive detention requires reliable material for subjective satisfaction; mere assumptions or presumption of bail applications are insufficient to justify detention.
Preventive detention orders must be based on a proper application of mind and relevant legal principles, not mere assumptions or dissimilar cases.
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