Preventive detention - "Anti-social elements" must exhibit habitual criminal behavior

Jharkhand High Court Upholds Preventive Detention of Alleged Anti-Social Element Court dismisses Dipak Oraon's writ petition challenging detention under Jharkhand Control of Crimes Act, 2002

In a significant ruling, the Jharkhand High Court upheld the preventive detention of Dipak Oraon, who was detained under the Jharkhand Control of Crimes Act, 2002, for alleged habitual criminal activities that threatened public order. The bench, comprising Justices Sujit Narayan Prasad and Arun Kumar Rai, dismissed Oraon's writ petition challenging the detention and its subsequent extensions.

The court ruled that Oraon's activities fell within the definition of an "anti-social element" as per Section 2(d) of the Jharkhand Control of Crimes Act, 2002. The petitioner had a history of criminal cases, including charges of extortion, attempt to murder, and violations of the Arms Act, which justified his detention under the Act aimed at maintaining public order. 

The judgment emphasized that the definition of "anti-social element" requires habitual criminal behavior, not isolated incidents. It noted that the petitioner was involved in multiple cases registered across various police stations in Latehar district, indicating a pattern of criminal conduct.

Furthermore, the court clarified that once the Advisory Board approves the initial detention, subsequent extensions up to 12 months do not require further approval from the Board. This interpretation aligns with the Supreme Court's precedent, which allows for detention extensions without repeated reviews by the Advisory Board after an initial confirmatory order by the State Government.

The court also addressed the petitioner's argument concerning his release on bail in related criminal cases. It held that the grant of bail does not preclude preventive detention if the detaining authority is satisfied that the individual's habitual criminal activities continue to pose a threat to public order.

The judgment reinforces the state's authority to use preventive detention as a tool to curb activities that disrupt public order, while also underscoring the legal framework that governs such measures.

Bottom Line:

Preventive detention under Jharkhand Control of Crimes Act, 2002 - "Anti-social elements" under Section 2(d) must exhibit habitual criminal behavior - Advisory Board's approval not required for extension of detention once confirmatory order is passed by the State Government.

Statutory provision(s): Jharkhand Control of Crimes Act, 2002 Sections 2(d), 12(1), 12(2), 21, 19, 22

Dipak Oraon v. State of Jharkhand, (Jharkhand)(DB) : Law Finder Doc Id # 2809768