Case Note & Summary
The petitioner, Uma, mother of the detenu Logesh, filed a habeas corpus petition under Article 226 of the Constitution of India before the Madras High Court challenging the preventive detention order dated 11.12.2024 passed by the Commissioner of Police, Greater Chennai (respondent No.2). The detention order was based on one adverse case registered under the NDPS Act (Crime No.574 of 2022) and a ground case registered under Sections 123 and 278 of the Bharatiya Nyaya Sanhita, 2023 (Crime No.1287/2024). The petitioner sought quashing of the detention order and direction to produce the detenu and set him at liberty. The court heard the learned counsel for the petitioner, Mr. P. Muthamizhselvakumar, and the learned Additional Public Prosecutor, Mr. R. Muniyapparaj. The court observed that mere involvement in a criminal case cannot be a ground to invoke preventive detention law. The subjective satisfaction of the detaining authority with reference to records is of paramount importance. Both the adverse case and the ground case could be dealt with by the police authorities under ordinary law, and preventive detention cannot be adopted for the purpose of punishing the detenu. Accordingly, the court set aside the detention order and allowed the habeas corpus petition, directing that the detenu be set at liberty forthwith unless required in connection with any other case.
Headnote
A) Preventive Detention - Grounds for Detention - Subjective Satisfaction - Mere involvement in criminal cases cannot be a ground to invoke preventive detention law - The detaining authority must have subjective satisfaction based on records, and if the cases can be dealt with under ordinary law, preventive detention is not justified - Held that the detention order was set aside (Paras 4-5).
Issue of Consideration
Whether a preventive detention order can be sustained when the detenu is merely involved in criminal cases that can be dealt with under ordinary law
Final Decision
The detention order passed by the 2nd respondent in proceedings No.1223/BCDFGISSSV/2024 dated 11.12.2024 is set aside and the Habeas Corpus Petition is allowed. The detenu viz., Logesh, S/o Kumar, aged 21 years confined at Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith unless he is required in connection with any other case.
Law Points
- Preventive detention cannot be used for punishment
- subjective satisfaction must be based on records
- ordinary law sufficient for criminal cases
