2022 (5) TMI 847 - SC - Indian Laws

Conspiracy - collection of money from individuals by misrepresenting that they would be given a job at the Company - opening of salary account with the Federal Bank without authorization and in conspiracy with the detenu collected an amount of Rs 85 lakhs from 450 job aspirants - HELD THAT - In BANKA SNEHA SHEELA VERSUS THE STATE OF TELANGANA ORS. 2021 (8) TMI 1303 - SUPREME COURT , a two-judge Bench of this Court examined a similar factual situation of an alleged offence of cheating gullible persons as a ground for preventive detention under the Telangana Act of 1986. The Court held that while such an apprehension may be a ground for considering the cancellation of bail to an accused, it cannot meet the standards prescribed for preventive detention unless there is a demonstrable threat to the maintenance of public order. A mere apprehension of a breach of law and order is not sufficient to meet the standard of adversely affecting the maintenance of public order . In this case, the apprehension of a disturbance to public order owing to a crime that was reported over seven months prior to the detention order has no basis in fact. The apprehension of an adverse impact to public order is a mere surmise of the detaining authority, especially when there have been no reports of unrest since the detenu was released on bail on 8 January 2021 and detained with effect from 26 June 2021. The nature of the allegations against the detenu are grave. However, the personal liberty of an accused cannot be sacrificed on the altar of preventive detention merely because a person is implicated in a criminal proceeding - The case at hand is a clear example of non-application of mind to material circumstances having a bearing on the subjective satisfaction of the detaining authority. The two FIRs which were registered against the detenu are capable of being dealt by the ordinary course of criminal law. The order of detention which has been passed against the detenu on 19 May 2021 shall accordingly stand quashed and set aside - Appeal allowed - decided in favor of appellant.

Issues Involved:
1. Legality of the detention order under Section 3(2) of the Telangana Act of 1986.
2. Non-application of mind by the detaining authority.
3. Distinction between "public order" and "law and order."
4. Use of stale material for detention.
5. Failure to explore ordinary criminal law remedies before invoking preventive detention.

Issue-wise Analysis:

1. Legality of the Detention Order:
The appeal arises from a judgment of the High Court dismissing a writ petition seeking a writ of habeas corpus against the detention order passed under Section 3(2) of the Telangana Prevention of Dangerous Activities Act, 1986. The detenu was alleged to have engaged in activities causing large-scale fear and panic among job aspirants, thus acting prejudicially to the maintenance of public order.

2. Non-application of Mind by the Detaining Authority:
The appellant argued that the detaining authority failed to apply its mind, as the detenu had been granted bail months before the detention order. The conditions of bail were fulfilled, and no application for cancellation of bail was moved. The detention order was passed based on an apprehension of future violations without considering the material aspects of the case, such as the detenu's compliance with bail conditions.

3. Distinction between "Public Order" and "Law and Order":
The Court emphasized the distinction between "public order" and "law and order," citing the Constitution Bench judgment in Ram Manohar Lohia v. State of Bihar. It was held that not every disorder amounts to a disturbance of public order unless it affects the community at large. The Court reiterated that preventive detention requires a demonstrable threat to public order, not merely a breach of law and order.

4. Use of Stale Material for Detention:
The detention order was criticized for being based on stale material. The first FIR was registered seven months before the detention order, and the second FIR was registered five months prior. The Court held that the detention order demonstrated non-application of mind and lacked a live and proximate link between the past incidents and the need for detention. The detaining authority's apprehension of future violations was deemed insufficient.

5. Failure to Explore Ordinary Criminal Law Remedies:
The Court noted that the detaining authority did not explore ordinary criminal law remedies, such as applying for the cancellation of bail, before resorting to preventive detention. The Court cited previous judgments, including Banka Sneha Sheela v. State of Telangana, to emphasize that preventive detention should not be used as a substitute for regular criminal proceedings.

Conclusion:
The Supreme Court allowed the appeal, setting aside the High Court's judgment and quashing the detention order. The Court highlighted the misuse of preventive detention powers and directed the respondents to review pending detention orders for fairness. The judgment underscores the importance of adhering to constitutional safeguards and the proper application of preventive detention laws.

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