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SC ruling in preventive detention cases

By Our Legal Correspondent

NEW DELHI Dec. 30. The Supreme Court has held that if the Union or the State Governments failed in their obligation to file counter-affidavits when preventive detentions were challenged, courts would have no alternative but to quash such detention orders by default.

A Bench, comprising Justice S. Rajendra Babu and Justice P. Venkatarama Reddi, gave this ruling while quashing an order passed by the Chennai Police Commissioner in April detaining S. Jaikannan of Mogappair under the Tamil Nadu Goondas Act.

The Bench set aside the judgment of the Madras High Court upholding the detention and directed the release of the detenu forthwith.

The Bench cited an earlier judgment of the apex court wherein it was observed that of late the Centre had not shown a sense of responsibility while dealing with preventive detention cases, namely, of filing a counter in time before the court dealing with habeas corpus petitions.

The Bench said the court was expected to place the factual material in connection with the detention order by filing a counter affidavit so that the petitioner had an opportunity to meet with that factual information.

Referring to the High Court's observation that it had perused the file of the accused, the Bench reiterated the position that the indulgence shown by the courts in perusing the file seemed to have given an impression that the Central Government was under no obligation to file a counter-affidavit to explain the delay in considering the detenu's application.

The Bench quoted an earlier judgment which said that if the Central or the State Governments failed to file the counter, then the detention order had to be quashed by default.

The detenu's wife, Selvarani, challenged her husband's detention on the ground that there was delay in considering the application for a review of the detention order.

The High Court, however, proceeded to examine the file and found that there was no delay in considering the application and dismissed the petition, and the appeal was directed against this judgment.

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