Preventive Detention Order Stands Vitiated If Subjective Satisfaction Arrived At By Authority Is Impaired: Madras High Court
Highlighting that the subjective satisfaction arrived at by the detaining authority is impaired, the Madras High Court quashed the detention order and directed the detenu to be set at liberty.
The Division Bench of Justice M. Sundar and Justice R. Sakthivel observed that “In the case on hand, we have no hesitation in saying that Constitutional safeguard ingrained in Article 22(5) has been affected as the baffled detenues will certainly have their rights to make an effective representation qua impugned preventive detention orders seriously affected”.
Thus, the Bench ruled that both the preventive detention orders deserve to be dislodged.
Advocate M.S. Sindhuza appeared for the Petitioner, whereas Advocate Raj Thilak appeared for the Respondent.
After considering the submission, the Bench observed that the subjective satisfaction that a Detaining Authority arrives at qua imminent possibility of detenu being enlarged on bail is an important determinant of any impugned preventive detention order.
In the case on hand, the Bench found that such subjective satisfaction has been arrived at by the Detaining Authority by relying on a bail condition relaxing order by referring to the same as a bail order.
The Bench reiterated that impairment of such subjective satisfaction leaves the preventive detention order vitiated and leaves it liable for being dislodged in a habeas legal drill.
The Bench further observed that referring to a bail condition relaxation order as bail order is also a clear case of non-application of mind on the part of the Detaining Authority and this also vitiates the preventive detention order warranting interference in the same vide the habeas legal drill on hand.
“This not only baffles the detenu but also seriously afflicts the right of the detenu to make an effective representation qua impugned preventive detention order”, added the Bench.
Therefore, while reiterating that right of detenu to make an effective representation against impugned preventive detention order is a Constitutional guarantee ingrained in Article 22(5) of the Constitution of India and breach of the same leads to dislodgement of preventive detention orders, the High Court set aside the preventive detention order.
Cause Title: Indrani v. Government of Tamil Nadu and Ors.
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