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2026 Supreme(Online)(Jhk) 741
HIGH COURT OF JHARKHAND
Sujit Narayan Prasad, Arun Kumar Rai, JJ
Aman Singh – Appellant
Versus
State Of Jharkhand – Respondent
W.P (Cr.) (DB) No.748 of 2025
Important Points
Subject
Constitutional Law - Preventive Detention
Act Referred
Jharkhand Control of Crimes Act, 2002: S.12(1), S.17, S.2(d), S.21(1), S.22
Indian Penal Code: S.323, S.356, S.379, S.34, S.420, S.120B, S.147, S.148, S.149, S.427, S.448, S.452, S.354(kha), S.307, S.506, S.341, S.384, S.388, S.504, S.324, S.326, S.302
Suppression of Immoral Traffic in Women and Girls Act, 1956
Arms Act, 1959: S.25, S.26, S.27, S.28, S.29, S.35
Headnote
(B) Preventive Detention - Burden of proof - Mala fides - The burden of proving mala fides is very heavy on the person who alleges it and mere assertion is insufficient; it necessitates strong and convincing evidence which cannot be presumed by the court. (Paras 23, 24)
Facts of the case:
The petitioner challenged the orders of preventive detention and subsequent extensions under the state control of crimes act. The petitioner argued that detention was illegal due to lack of fresh evidence, improper exercise of delegated authority, failure of the authorities to forward his representation, and the existence of bail/acquittals in several of the listed criminal cases against him.
Findings of Court:
The court found that the constitutional and statutory mandate to communicate grounds of detention and afford an opportunity for representation were duly satisfied. The assertions regarding the refusal of jail authorities to forward representations lacked evidence and failed to meet the heavy burden of proof required for claims of mala fides. The court held that past conduct documented through numerous criminal cases provided sufficient basis for the detaining authority to conclude that the release of the petitioner would be prejudicial to the maintenance of public order.
Issues: Whether the detention of the petitioner was illegal due to procedural lapses, lack of subjective satisfaction, or the existence of prior bail/acquittals, and whether the respondent authorities acted with mala fides.
Ratio Decidendi: The court ruled that the detention authority had correctly exercised its power based on the subjective satisfaction that the petitioner’s habitual criminal conduct classified him as an anti-social element, necessitating detention to protect public order, regardless of individual outcomes in specific past criminal cases.
Result: Writ petition dismissed.
For the Appellants/Petitioners: Pran Pranay
For the Respondents: Deepankar
| Table of Content |
|---|
| 1. details of the detention orders and factual grounds for the writ petition. (Para 1 , 2 , 3) |
| 2. conflicting contentions regarding procedural regularity and substantive legality of preventive detention. (Para 4 , 5 , 6) |
| 3. assessment of procedural compliance under article 22(5) and burden of proof regarding mala fides. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. application of 'anti-social element' definition and criteria for subjective satisfaction. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51) |
| 5. final determination maintaining the validity of the preventive detention orders. (Para 52 , 53 , 54 , 55) |
C.A.V on 19.01.2026 Pronounced on 03/02/2026 Per 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; AND
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.
AND 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 t
