Preventive Detention Order is valid even after sixteen years!!!
AN order for preventive detention is issued under COFEPOSA Act and as the prospective detenue was absconding for sixteen years, it could not be enforced. Can it still be enforced after sixteen years? Preventive detention is not a punishment for a crime; it is only a preventive measure to prevent the person from committing a crime and if for sixteen years he has not committed any crime, is there any point in detaining him after sixteen years to prevent him from committing a crime? This was the question before a Larger Bench of the Supreme Court. Chief Justice Altamas Kabir on his last day in office headed the Larger Bench and ruled that, where the detention orders have not been executed for more than two years and there is no material on record to indicate that the proposed detenue had, in the meantime, continued his anti-social activities, it has to be held that the detention orders in respect of such proposed detenues were no longer relevant and must be quashed.
But on his last day in the Supreme Court, the Chief Justice found the other two judges of the Bench disagreeing with him and passing separate dissenting orders.
Justice Gyan Sudha Misra held that the order of detention cannot be quashed and set aside merely due to long lapse of time. She did not want to accept a sordid situation akin to the adage of "Let be gone be bygone" which cannot be swallowed as that would clearly be defeating the very object and purpose of the preventive detention laws encouraging the proposed detenue to stay away and twist the arms of law misusing the provisions to their advantage.
Justice Chelameswar held that those who have evaded the process of law shall not be heard by this Court to say that their fundamental rights are in jeopardy. He did not want to enable the law breaker to take advantage of his own conduct which is contrary to law.
Please see Breaking News for this interesting case. Please also see our article The Cofeposa Act - Toothless tiger? Well almost!!!