1972 (11) TMI 92 - SC - Indian Laws

Preventive Detention Upheld under Security Act | Importance of Legal Accuracy

MOHD. SUBRATI @ MOHD. KARIM Versus STATE OF WB.

The court upheld the detention order issued under the Maintenance of Internal Security Act, 1971, finding it necessary to prevent acts prejudicial to ... - Issues Involved:1. Legality of the detention order under the Maintenance of Internal Security Act, 1971.2. Adequacy of criminal trial versus preventive detention.3. Accuracy and completeness of the counter-affidavit submitted by the State.Issue-wise Detailed Analysis:1. Legality of the detention order under the Maintenance of Internal Security Act, 1971:The petitioner, detained under an order dated February 9, 1972, issued by the District Magistrate of Burdwan, challenged his detention under the Maintenance of Internal Security Act, 1971 (the 'Act'). The District Magistrate was satisfied that the detention was necessary to prevent the petitioner from acting in a manner prejudicial to the maintenance of supplies and services essential to the community. The grounds for detention included theft of electric copper wire on January 6 and 12, 1972, which disrupted water and electric supplies, causing significant inconvenience to the community. The court upheld the detention order, stating that the Act was enacted to provide for preventive detention in the interest of national security and maintenance of essential services, and that the detention order was within the purview of Section 3 of the Act.2. Adequacy of criminal trial versus preventive detention:The petitioner argued that the State should have pursued a criminal trial under Section 379 of the Indian Penal Code instead of preventive detention, as two cases of theft were registered against him but not pursued due to witnesses' reluctance to testify. The court rejected this argument, emphasizing that the Act provides a distinct jurisdiction for preventive detention based on the subjective satisfaction of the detaining authority. The court cited precedents, including Sahib Singh Dugal v. Union of India and Borjahan Gorey v. State of West Bengal, to support the view that preventive detention is justified even if a criminal trial is not feasible due to insufficient evidence or witness intimidation. The court noted that preventive detention serves to prevent future prejudicial acts, which is a different objective from punishing past offenses.3. Accuracy and completeness of the counter-affidavit submitted by the State:The court found an inconsistency in the State's counter-affidavit regarding the date of approval of the detention order by the State Government. The counter-affidavit incorrectly stated that the order was approved on February 18, 1972, whereas the actual approval was signed on February 21, 1972. The court emphasized the importance of accuracy and full disclosure in affidavits submitted to the court, especially in cases involving personal liberty. The court reiterated that the State must present all relevant facts truthfully and fairly, given the constitutional protection of personal liberty and the court's role in enforcing fundamental rights.Conclusion:The petition was dismissed, and the court upheld the detention order, affirming the legality of preventive detention under the Act and rejecting the argument that a criminal trial was the only appropriate course of action. The court also highlighted the necessity for accuracy and completeness in affidavits submitted by the State in such cases.