Case Note & Summary
The petitioner, Samu, mother of the detenu Kalaiselvam, filed a habeas corpus petition under Article 226 of the Constitution of India challenging the preventive detention order dated 11.12.2024 passed by the Commissioner of Police, Greater Chennai (respondent No.2) in proceedings No.1219/BCDFGISSSV/2024. The detention order was issued under Act 14 of 1982 based on a solitary ground case registered against the detenu in Crime No.1287 of 2024 under Sections 123 and 278 of the Bharatiya Nyaya Sanhita, 2023. No adverse case was relied upon. 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, for the respondents. The court observed that since no adverse case was relied upon, the ground case could be dealt with under the ordinary law of the land. The court held that the reasons stated in the impugned order were insufficient to form an opinion that there is a likelihood of causing breach of public order. 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 - Solitary Ground Case - Insufficient Grounds - Act 14 of 1982 - The detention order was based solely on a ground case under Sections 123, 278 of Bharatiya Nyaya Sanhita, 2023, with no adverse case. The court held that the reasons stated were insufficient to form an opinion that there is a likelihood of causing breach of public order, and the solitary case can be dealt with under ordinary law. (Paras 3-4)
Issue of Consideration
Whether a preventive detention order based on a solitary ground case under the Bharatiya Nyaya Sanhita, 2023 is sustainable when no adverse case is relied upon and the grounds are insufficient to establish a likelihood of breach of public order.
Final Decision
The detention order passed by the 2nd respondent in proceedings No.1219/BCDFGISSSV/2024 dated 11.12.2024 is set aside and the Habeas Corpus Petition is allowed. The detenu, Kalaiselvam, s/o. Panneerselvam, aged 23 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 based on solitary ground case insufficient to form opinion of likelihood of breach of public order
- Solitary case can be dealt with under ordinary law
- Act 14 of 1982 requires more than one ground case for invoking preventive detention
