<p>Can a man be described as 'goonda' and kept in preventive detention for selling chilli seeds of spurious nature? The Supreme Court has said a categorical 'No'.<br /><br />“To classify the detenu as a “goonda” affecting public order, because of inadequate yield from the chilli seed sold by him and prevent him from moving for bail even is a gross abuse of the statutory power of preventive detention,” a bench of Justices L Nageswara Rao and Navin Sinha said.<br /><br />The top court held that the rhetorical incantation of the words “goonda” or “prejudicial to maintenance of public order” cannot be sufficient justification to invoke the draconian powers of preventive detention.<br /><br />The court set aside Telangana authorities decision to issue a detention order for a period of one year against the husband of appellant Shantha, by calling it “unsustainable”.<br /><br />The state government invoked the stringent provisions of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 against the owner of Laxmi Bhargavi Seeds, district distributor of Jeeva Aggri Genetic Seeds. As many as three FIRs were lodged against him for cheating and other offences under the Indian Penal Code and under different provisions of the Seeds Act.<br /><br />The order issued against him on October 17, 2016, stated that there was no other option except to invoke the provisions of the preventive detention Act as an extreme measure to insulate the society from his evil deeds. It further claimed his illegal activities were causing danger to poor and small farmers and their safety and financial well-being.<br /><br />“Recourse to the normal legal procedure would be time-consuming, and would not be an effective deterrent to prevent the detenu from indulging in further prejudicial activities in the business of spurious seeds, affecting maintenance of public order,” it stated.<br /><br />The appellant, on the other hand, contended an order of preventive detention is a serious matter affecting the liberty of the citizen. The person was already under arrest in two cases and there was no question of bail for him as he did not apply for it.<br /><br />Concurring with appellant's plea, the bench said, “An order of preventive detention, though based on the subjective satisfaction of the detaining authority, is nonetheless a serious matter, affecting the life and liberty of the citizen under Articles 14, 19, 21 and 22 of the Constitution.”<br /><br />“If the power is misused, or abused for collateral purposes, and is based on grounds beyond the statute, takes into consideration extraneous or irrelevant materials, it will stand vitiated as being in colourable exercise of power,” the bench cautioned.</p>
<p>Can a man be described as 'goonda' and kept in preventive detention for selling chilli seeds of spurious nature? The Supreme Court has said a categorical 'No'.<br /><br />“To classify the detenu as a “goonda” affecting public order, because of inadequate yield from the chilli seed sold by him and prevent him from moving for bail even is a gross abuse of the statutory power of preventive detention,” a bench of Justices L Nageswara Rao and Navin Sinha said.<br /><br />The top court held that the rhetorical incantation of the words “goonda” or “prejudicial to maintenance of public order” cannot be sufficient justification to invoke the draconian powers of preventive detention.<br /><br />The court set aside Telangana authorities decision to issue a detention order for a period of one year against the husband of appellant Shantha, by calling it “unsustainable”.<br /><br />The state government invoked the stringent provisions of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 against the owner of Laxmi Bhargavi Seeds, district distributor of Jeeva Aggri Genetic Seeds. As many as three FIRs were lodged against him for cheating and other offences under the Indian Penal Code and under different provisions of the Seeds Act.<br /><br />The order issued against him on October 17, 2016, stated that there was no other option except to invoke the provisions of the preventive detention Act as an extreme measure to insulate the society from his evil deeds. It further claimed his illegal activities were causing danger to poor and small farmers and their safety and financial well-being.<br /><br />“Recourse to the normal legal procedure would be time-consuming, and would not be an effective deterrent to prevent the detenu from indulging in further prejudicial activities in the business of spurious seeds, affecting maintenance of public order,” it stated.<br /><br />The appellant, on the other hand, contended an order of preventive detention is a serious matter affecting the liberty of the citizen. The person was already under arrest in two cases and there was no question of bail for him as he did not apply for it.<br /><br />Concurring with appellant's plea, the bench said, “An order of preventive detention, though based on the subjective satisfaction of the detaining authority, is nonetheless a serious matter, affecting the life and liberty of the citizen under Articles 14, 19, 21 and 22 of the Constitution.”<br /><br />“If the power is misused, or abused for collateral purposes, and is based on grounds beyond the statute, takes into consideration extraneous or irrelevant materials, it will stand vitiated as being in colourable exercise of power,” the bench cautioned.</p>
