Preventive detention shall not be decided in slipshod manner: Guj HC

Ahmedabad: Cautioning that the matters relating to the preventive detention should not be decided in a slipshod manner, the Gujarat High Court has asserted that it is very essential to look into the order of detention including the grounds of detention and the other materials on record threadbare and with all seriousness to ensure that the personal liberty of the detenue has been curtailed strictly following the procedure prescribed by law.

"At times even if the Court is not getting any proper assistance from the counsel appearing in the matter on behalf of the detenue, the Court owes a duty on its own to look into the matter threadbare," said Chief Justice Vikram Nath Justice J. B. Pardiwala.

The division bench further iterated that the concerned government pleader appearing for the State also as an Officer of the Court owes a duty to assist the Court in the right manner and in the right direction. "The endeavour of the concerned AGP appearing for the State should not be to defend the order of preventive detention at any cost even if he is convinced that the same is not in accordance with law," observed the bench.

The bench further issued the guidelines for the State Government and the Detaining Authority while initiating and dealing with the proceedings under the Laws of Preventive Detention.

The order of the bench came while hearing a writ appeal at the instance of an unsuccessful writ applicant (detenue), directed against the judgment passed by a Single Judge by which the order of preventive detention dated May 12, 2020 passed against the appellant was affirmed. The order was by the District Magistrate, Rajkot, in exercise of his powers under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 branding the applicant as a 'dangerous person', as defined under Section 2(c) of the

Act 1985.