HM Journal

Detention cannot be granted if it doesn’t affect public at Large

Judgment name – Banka Sneha Sheela Vs. The State of Telangana & Ors.

Judgment date – 2nd August, 2021

Citation – CRIMINAL APPEAL NO.  733   OF 2021 [ARISING OUT OF SLP (CRIMINAL) NO.4729 OF 2021]

This judgment speak about detaining person who are convicted under Indian Penal Code.

It is no more res integra that If a person is granted anticipatory bail/bail wrongly, there are well-known remedies in the ordinary law to take care of the situation. The State can always appeal against the bail order granted and/or apply for cancellation of bail but the question lies whether a person can be detained if he is likely to cause the same crime in the future?

Issue:

A detention order was passed against the appellant husband. A representation was then filed by appellant in October 2020 but advisory board of police found sufficient reason to continue detention of appellant husband.

Cause of the case:

Appellant husband(detenu) take money from others in the name of investing in shares and cheat them by stating to give 100% profit. Once money get transferred to detenu the same is transferred to appellant account and to concealed the situation, detenu also changed its resident address. The detenu got anticipatory bail of five FIR’s. So, state passed a detention order against the detenu. Hence, this appeal.

Observations by Supreme Court

When a person is preventively detained, it is Article 21 and 22 that are attracted and not Article 19. Further, preventive detention must fall within the four corners of Article 21 read with Article 22 and the statute in question.

Preventive detention is a necessary evil only to prevent public disorder, the Court must ensure that the facts brought before it directly and inevitably leads to a harm, danger or alarm or feeling of insecurity among the general public or any section thereof at large.

Held by Supreme Court

A possible apprehension of breach of law and order can be said to be made out if it is apprehended that the Detenu, if set free, will continue to cheat gullible persons. This may be a good ground to appeal against the bail orders granted and/or to cancel bail but certainly cannot provide the springboard to move under a preventive detention statute. We, therefore, quash the detention order on this ground.

Link to the official Judgment –

https://main.sci.gov.in/supremecourt/2021/14456/14456_2021_32_1501_28956_Judgement_02-Aug-2021.pdf

Leave a Comment

Your email address will not be published.