Detaining Authority Can't Subject A Person Already In Custody To Preventive Detention Without Forming Opinion On Likelihood Of Bail: Manipur HC

The detenue, who was already in judicial custody in other two cases, was detained by the District Magistrate, Thoubal under Section 3(2) of the National Security Act, 1980 in October 2022.

While allowing the writ of habeas corpus filed by the detenue’s wife against the impugned order, the division bench of Justice Sanjay Kumar and Justice Ahanthem Bimol Singh said:

“Without forming an opinion as to whether there is a reasonable likelihood of such person being released on bail, the detaining authority cannot subject him to preventive detention on the ground that he would resume prejudicial activities after being released. In the case on hand, the detaining authority seems to be completely unmindful of this requirement of law.”

The court observed that there is no mention either in the order or the grounds of detention regarding any bail petition having been filed by the petitioner’s husband in relation to the other two cases.

The bench relied upon Rekha v. State of Tamil Nadu, (2011) 5 SCC 244 in which the Supreme Court has said that there would be a possibility of release of a person who is already in custody if he has moved a bail application which is pending and in such a case, the detaining authority can reasonably conclude that there is likelihood of such person being released on bail.

Hence, the court set aside the impugned order and released the detenue in the instant case.

Case Title: Smt. Thiyam Priya Devi v. The State of Manipur & 2 Ors.

Citation: 2023 LiveLaw (Man) 3

Coram: Justice Sanjay Kumar, the Chief Justice and Justice Ahanthem Bimol Singh

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