The Supreme Court stated that, the powers granted under the preventive detention law are "extraordinary" and cannot be used on a regular basis because they impinge on an individual's independence and liberty.
A bench of Justices C.T. Ravikumar and Sudhanshu Dhulia observed that, while the detainees were involved in more than 30 cases, only four cases of chain snatching were considered as grounds for detention, as the other cases were reported to be behind the proximity period and outside the Commissionerate’s jurisdiction.
SC further stated that, the offences in these four cases were allegedly committed between May 6 and July 26 of last year, and both detainees were granted bail in these cases by the magistrate.
The bench stated that “The powers to be exercised under the preventive detention law are exceptional powers which have been given to the government for its exercise in an exceptional situation as it strikes hard on the freedom and liberty of an individual, and thus cannot be exercised in a routine manner.”
The orders were issued on June 22 by the Supreme Court in response to two separate petitions filed by the detainees' wives.
SC observed in its judgement that one of the reasons supplied by the authorities supporting the invocation of detention law provisions was that the detenues were granted bail in all four cases and were likely to commit a similar offence.
SC stated that “The reason why bail was granted in all four cases, however, has not been given. Bail was granted in all the four cases due to the inability of the prosecution, which did not complete its investigation in time. The bail had to be given as the charge sheet was not filed by the police in all the cases within the stipulated period of 60 days. The fault thus lies with the prosecution.”
The Supreme Court ruled that invoking the preventive detention provision against the two individuals was not appropriate in this situation.
The bench noted that, the detention order said that crimes were performed in broad daylight, causing fear and panic in the minds of the people, particularly women, and that the government had to intervene to maintain public order.
While allowing the appeals, the bench overturned the detention order as well as the high court order and stated that the detainees would be released immediately if they were not necessary in any other case.
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