2006 (1) TMI 609 - HC - Indian Laws

Summary

Issues:
Challenge to detention order based on discrepancies in documents.

Analysis:
1. The petitioner, detained under Tamil Nadu Act 14 of 1982, challenged the detention order on three grounds. Firstly, the date discrepancy in the List of Property sent to the Magistrate raised concerns about the detaining authority's application of mind. Secondly, the inconsistency in arraying the detenu as A-1 and A-2 in different reports was highlighted as a crucial error. Thirdly, the discrepancy in the crime number mentioned in various documents was pointed out as another sign of mechanical processing of the detention order.

2. The Government Advocate acknowledged the mistake in the date mentioned in the List of Property but argued that it did not affect the validity of the detention order as the occurrence date and crime number were correctly stated in other documents related to the case. The Government Advocate also dismissed the significance of the detenu's arraying discrepancy, stating it did not impact the detention order.

3. The Court carefully considered the submissions and observed that the discrepancies in the documents, such as the incorrect date, arraying of the detenu, and crime number, were not trivial errors but indicated a lack of application of mind by the detaining authority. The Court emphasized that these discrepancies were not mere typographical errors but fundamental flaws in the detention process.

4. Citing a Supreme Court judgment emphasizing that preventive detention is a precautionary measure, the Court clarified that the issue at hand was not the power of the Government but the proper application of mind in passing the detention order. The Court concluded that the detention order was vitiated due to the principle of non-application of mind based on the substantial discrepancies found in the documents relied upon by the detaining authority.

5. Consequently, the Court allowed the habeas corpus petition, setting aside the detention order dated 15.6.2005 and ordering the immediate release of the petitioner/detenu unless required in connection with any other case.