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        Case ID :

        2014 (5) TMI 1227 - SC - Indian Laws

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        Preventive detention must follow staged extensions; a single order fixing the maximum period from the outset is unlawful. Preventive detention could not be fixed for the full twelve-month maximum in a single order where the statute required an initial detention period of ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Preventive detention must follow staged extensions; a single order fixing the maximum period from the outset is unlawful.

                          Preventive detention could not be fixed for the full twelve-month maximum in a single order where the statute required an initial detention period of three months and further extensions only from time to time in periods not exceeding three months. Section 13's maximum limit did not permit bypassing the staged extension mechanism, and the requirement aligned with Article 22(4)(a) of the Constitution, which preserves periodic review through the prescribed process. An order making detention operative for twelve months at the outset was therefore illegal and unsustainable, and the detention order was set aside.




                          Issues: Whether the State Government could direct preventive detention for the maximum period of twelve months in one stroke under the Act, without extending the detention from time to time in periods not exceeding three months.

                          Analysis: Section 3 of the Act permits detention, but its proviso restricts the initial period of detention to three months and authorises extension only from time to time by periods not exceeding three months at any one time. Section 13 fixes the maximum period of detention at twelve months, but that maximum cannot be reached by bypassing the staged extension mechanism. This requirement is consistent with Article 22(4)(a) of the Constitution of India, which reflects the constitutional safeguard that preventive detention beyond three months must rest on the prescribed review process. A direction straightaway fixing detention for twelve months ignores the statutory design of periodic scrutiny through the Advisory Board and the legislative caution against prolonged detention without review.

                          Conclusion: The order directing detention for twelve months at a stretch was illegal and unsustainable.

                          Final Conclusion: The detention order and the High Court's dismissal were set aside, and the detenu was directed to be released forthwith.

                          Ratio Decidendi: Where the statute requires preventive detention to be imposed initially for a limited period and extended only in successive shorter periods, a single order fixing the maximum period from the outset is contrary to law and unconstitutional in effect.


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                          ActsIncome Tax
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