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Issues: (i) Whether the detention order could be sustained when the detaining authority did not file an affidavit to meet the challenge of non-application of mind and lack of subjective satisfaction. (ii) Whether the detention order was vitiated because the retraction letters and other material documents were not placed before the detaining authority.
Issue (i): Whether the detention order could be sustained when the detaining authority did not file an affidavit to meet the challenge of non-application of mind and lack of subjective satisfaction.
Analysis: The detention was founded on subjective satisfaction, and the challenge specifically alleged absence of relevant material and non-application of mind. The affidavit was filed only by an officer who did not assert personal handling or processing of the matter and who relied merely on the record. In such a matter, the detaining authority was the proper person to explain and rebut the challenge, and no satisfactory justification was offered for not filing his affidavit.
Conclusion: The detention order could not be sustained on this ground and was liable to be quashed.
Issue (ii): Whether the detention order was vitiated because the retraction letters and other material documents were not placed before the detaining authority.
Analysis: The record showed that letters retracting the alleged confession had been sent soon after the statements were recorded, supported by postal receipts and copies of the letters. The reply from the Department was a bare denial, and the person to whom the letters were addressed did not rebut the allegation by affidavit. Since the detention appeared to rest mainly on the detenu's own statement, the retraction material was relevant and ought to have been placed before the detaining authority. Non-placement of such material facts constituted a serious lapse affecting the detention.
Conclusion: The detention order was vitiated on this ground as well.
Final Conclusion: The detention order was quashed and the detenu was directed to be released forthwith if not required in any other case.
Ratio Decidendi: In preventive detention matters based on subjective satisfaction, the detaining authority must explain and meet a direct challenge to non-application of mind, and all material documents, including timely retractions of alleged confessional statements, must be placed before the detaining authority before detention is ordered.
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