Extraordinary power of detention can't be involved to maintain law and order: SC slams Telangana police

The Supreme Court on Monday said the extraordinary power of preventive detention cannot be invoked in normal cases related to maintaining law and order as it noted a "pernicious trend" by Telangana police to curb liberty and freedom at the "drop of hat".

The top court quashed an order to keep a man under preventive detention for a period of 12 months by the Hyderabad police by branding him as "Goonda", expressing serious concern over "reckless invocation" of such a power by the authorities. 

It also laid down detailed guidelines for the authorities for the courts to consider in examining validity of detention orders.

A bench of Justices Surya Kant and Dipankar Datta said to unchain the shackles of preventive detention, it is important that the safeguards enshrined in our Constitution, particularly under the ‘golden triangle’ formed by Articles 14 (equality), 19 (freedom) and 21 (life and liberty) of the Constitution, are diligently enforced.

"It requires no serious debate that preventive detention, conceived as an extraordinary measure by the framers of our Constitution, has been rendered ordinary with its reckless invocation over the years as if it were available for use even in the ordinary course of proceedings," the bench said.

The court also noted a "pernicious trend prevalent" in the state of Telangana to pass the detention orders without following the necessary safeguards.

"While the nation celebrates Azadi Ka Amrit Mahotsav to commemorate 75 years of independence from foreign rule, some police officers of the said state who are enjoined with the duty to prevent crimes and are equally responsible for protecting the rights of citizens as well, seem to be oblivious of the fundamental rights guaranteed by the Constitution and are curbing the liberty and freedom of the people. The sooner this trend is put to an end, the better," the bench said.

The court made the observations while ordering forthwith release of husband of appellant Ameena Begum. Led by senior advocate Sidharth Luthra, the woman challenged validity of the detention order passed on March 24, 2023 and upheld by the High Court on June 28, 2023.

It was alleged that the detenu who suffered from previous detention order was directed to be released on August 17, 2021. However, the police claimed he was subsequently involved in nine offences in five years during years 2022-23 and put him under preventive detention. 

He was branded as 'Goonda' for alleged acts of habitually committing the offences including outraging the modesty of women, cheating, extortion, obstructing the public servants from discharging their legitimate duties, robbery and criminal intimidation along with his associates in an organised manner.

However, after going through the allegations, the bench said on an overall consideration of the circumstances, it does appear to us that the existing legal framework for maintaining law and order is sufficient to address offences, which the Commissioner of Police anticipates could be repeated by the detenu if not detained. 

"Preventive detention laws—an exceptional measure reserved for tackling emergent situations—ought not to have been invoked in this case as a tool for enforcement of “law and order”.

This, for the reason that, the Commissioner despite being aware of the earlier judgment and order of the High Court dated 16th August, 2021 passed the Detention Order ostensibly to maintain “public order” without once more appreciating the difference between maintenance of “law and order” and maintenance of “public order”. The order of detention is, thus, indefensible," the bench said.