Preventive detention conflict sent to larger Bench for authoritative resolution on detention satisfaction in custody cases

Conflicting Supreme Court decisions on preventive detention required authoritative clarification on whether the detaining authority can record the necessary satisfaction when the detenue is already in custody, no bail application is pending, and bail has been granted in similar cases. Because the issue involved an apparent conflict on a recurring question of detention law, the matter was found suitable for examination by a larger Bench. The appeals were therefore directed to be placed before the Chief Justice of India for constitution of a larger Bench to resolve the conflict.

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Issues: Whether the appeals should be placed before a larger Bench for resolution of the conflict in decisions on the legality of a preventive detention order passed when no bail application was pending but bail had been granted in similar cases.

Analysis: Conflicting decisions of the Court were noticed on the question whether the detaining authority could form the requisite satisfaction for preventive detention under the preventive detention law in a case where the detenue was already in custody and no bail application was pending, but similar cases had resulted in bail. Since the issue required resolution of the apparent conflict, the matter was considered fit for examination by a larger Bench.

Conclusion: The appeals were ordered to be placed before the Chief Justice of India for constitution of a larger Bench.

Ratio Decidendi: Where conflicting authorities exist on a recurring question of preventive detention, reference to a larger Bench is appropriate for authoritative resolution.

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