2008 (3) TMI 623 - SC - Indian Laws

Order of detention set aside - Held that - Appeal allowed. The case on hand, in our considered opinion, does not fall within the category of exceptional cases and the High Court committed an error of law in setting aside the order of detention at the pre-execution and pre-arrest stage. The said order, therefore, deserves to be set aside and is hereby set aside. It is open to the authorities to execute the order of detention. It is equally open to the detenu to challenge the legality thereof on all available grounds.

Issues Involved:
1. Legality of the High Court's exercise of jurisdiction under Article 226 at the pre-execution stage of a detention order.
2. Examination of the grounds and purpose of the detention order.
3. The relevance of allegations of custodial violence and simultaneous criminal proceedings.
4. The scope of judicial review in preventive detention cases.

Detailed Analysis:

1. Legality of the High Court's Exercise of Jurisdiction under Article 226 at the Pre-Execution Stage:

The Supreme Court held that the High Court exceeded its jurisdiction in entertaining the writ petition and quashing the detention order at the pre-execution stage. The Court emphasized that the order of detention was made under the Act based on the Detaining Authority's subjective satisfaction to prevent the detenu from acting prejudicially to the maintenance of supplies of essential commodities. The Court reiterated that the satisfaction of the Detaining Authority is subjective and cannot be substituted by the Court's objective opinion. It highlighted that the general rule is that an order of detention can be challenged after the order and grounds of detention have been received and executed, with exceptions being rare and limited to specific circumstances outlined in Alka Subhash Gadia.

2. Examination of the Grounds and Purpose of the Detention Order:

The Supreme Court noted that the grounds for detention, such as the detenu's involvement in black marketing of kerosene, were not vague, extraneous, irrelevant, or non-existent. The Court disagreed with the High Court's finding that the detention order was passed for a wrong purpose, i.e., to shield police officers from allegations of custodial violence. The Supreme Court emphasized that the Detaining Authority's subjective satisfaction was based on the detenu's past conduct and the need to prevent future illegal activities.

3. The Relevance of Allegations of Custodial Violence and Simultaneous Criminal Proceedings:

The Supreme Court found that allegations of custodial violence and the existence of simultaneous criminal proceedings did not invalidate the detention order. It clarified that preventive detention and prosecution are distinct, with different purposes and authorities. The Court cited the Constitution Bench decision in Hardhan Saha, which stated that preventive detention is based on a reasonable prognosis of future conduct, not on past criminal acts alone. The Court also rejected the High Court's reliance on Biram Chand, noting that the Constitution Bench in Hardhan Saha had not approved the principle that simultaneous criminal proceedings and preventive detention are impermissible.

4. The Scope of Judicial Review in Preventive Detention Cases:

The Supreme Court reiterated that judicial review of preventive detention orders is limited to examining whether the requisite subjective satisfaction was arrived at by the Detaining Authority. The Court can review the legality of the detention order on grounds such as lack of authority, non-application of mind, mala fides, or if the grounds are vague, irrelevant, or non-existent. However, the Court cannot substitute its opinion for that of the Detaining Authority. The Supreme Court emphasized that interference at the pre-execution stage should be an exception rather than the rule, and such jurisdiction should be exercised with extreme care and caution.

Conclusion:

The Supreme Court allowed the appeal, setting aside the High Court's order that quashed the detention order at the pre-execution stage. The Court clarified that the authorities are free to execute the detention order, and the detenu can challenge its legality after execution. The Court's observations were limited to the legality of the High Court's order and did not express any opinion on the merits of the allegations and counter-allegations.

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