Preventive Detention and Personal Liberty: Supreme Court Ruling in Anant Singh v. State of Bihar

The Supreme Court of India recently delivered an important verdict in the case of Anant Singh @ Anant Kumar Singh v. The State of Bihar & Ors., addressing the constitutional validity of a preventive detention order issued under the Bihar Control of Crimes Act, 1981. This case raises significant concerns about personal liberty, due process, and the limitations of preventive detention laws.

The appellant, Anant Singh, was detained under a preventive detention order dated 21.09.2016. The order was issued despite a previous detention order against him, dated 5.09.2016, being revoked. The Supreme Court was tasked with determining whether the second detention order was legally valid under Section 23(2) of the Act.

Petitioner’s Argument

The appellant, represented by senior counsel Mr. U.R. Lalit, put forth the following arguments:

• Since the first preventive detention order dated 5.09.2016 had been revoked on 17.09.2016, any subsequent detention order must be based on fresh grounds arising after that date. The second detention order, passed on 21.09.2016, relied on the same grounds as the revoked order, making it illegal under Section 23(2) of the Bihar Control of Crimes Act, 1981.
• The detention order failed to specify the authority to whom a representation against the detention could be made, violating Article 22(5) of the Constitution and Section 17 of the Act.
• Since the appellant had already been in jail for over a year before the detention order was issued, the order did not meet the requirements of Section 12(1) of the Act, which mandates that the government must be satisfied that preventive detention is the only way to prevent a person from engaging in activities prejudicial to public order.
• The District Magistrate allegedly acted contrary to Section 12(3) of the Act and the General Clauses Act, 1897.
• The State Government failed to address the second representation made by the appellant on 06.10.2016, rendering the order defective.

Respondent’s Argument

The State of Bihar, represented by senior counsel Mr. R. Basant, countered these claims:

• The appellant was a habitual offender with a long criminal history, involving 31 serious cases, including murder, attempted murder, and kidnapping. Though he had been acquitted in 18 of these cases, there were 13 pending cases against him.
• The acquittals were largely due to witnesses turning hostile, rather than a lack of criminal activity.
• Even though the appellant was in jail, he could still be classified as an anti-social element under Section 2(d) of the Act, as he could continue engaging in unlawful activities through his criminal network.
• Failure to specify the authority to whom a representation should be made was immaterial since the appellant was advised by legal experts and had successfully submitted a representation through the Jail Superintendent.
• Even though the second representation was not explicitly addressed, it was nearly identical to the first one, which had been properly considered and rejected.

Supreme Court’s Observations

The Supreme Court, led by Justice R.F. Nariman, ruled in favor of the appellant, stating:

“As has been stated hereinabove, the second order of detention dated 21.9.2016 is passed only on grounds which arose prior to the order of revocation dated 17.9.2016, it would fall foul of Section 23(2) of the Act.”

The court emphasized that any fresh detention order must be based on new grounds arising after the revocation of a previous order. The judgment cited the precedent established in Hadibandhu Das vs. District Magistrate, Cuttack, which held that revocation applies to both valid and invalid orders.

Judgment

The Supreme Court set aside the High Court’s judgment and quashed the detention order dated 21.09.2016, ruling that it violated Section 23(2) of the Act. However, the court clarified:

“The passing of this judgment will not stand in the way of the State Government taking any other action against the appellant which they can take in accordance with law.”

Implications

This judgment reaffirms the importance of adhering to procedural safeguards in preventive detention cases. It underscores that:

• A preventive detention order must be based on fresh grounds if a previous order has been revoked.
• The detainee must be informed of the authority to whom they can submit a representation.
• The government must respond to all representations made by a detainee.

The ruling serves as a significant safeguard against the misuse of preventive detention laws and reinforces constitutional protections for personal liberty.

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