The Secretary to Government Versus Nabila

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL  APPEAL NO. 2545_OF 2014

(Arising out of SLP (Criminal) No.4199 of 2013)

The Secretary to Government,

Public (Law and Order-F) and another …..Appellants

Versus

Nabila and another …..Respondents

 

The respondent-writ petitioner, being the wife of the detenu, by way of Habeas Corpus Petition before the High Court, challenged the detention order mainly on the ground that the detenu was detained on the solitary ground case and the sponsoring authority has failed to place any material before the detaining authority to show that either the detenu himself or his relatives have taken any step to file bail application in a solitary ground case. The High Court held that the satisfaction arrived at by the detaining authority that there is real or imminent possibility of the detenu being enlarged on bail is vitiated in law. Assailing the impugned order, Mr. L. Nageshwara Rao, learned senior counsel appearing for the appellants, submitted that the detention of the detenu on the solitary ground case cannot be held to be erroneous and even on solitary ground the detenu can be detained in custody if sufficient materials on record are available to the satisfaction of the authority concerned. Learned counsel relied upon the decision of this Court in Shiv Ratan Makimvs. Union of India, (1986) 1 SCC 404, and Union of India& Anr. vs. Chhaya Ghosal & Anr., (2004) 10 SCC 97.Mr. Rao then submitted that the High Court has not appreciated the law in holding that the subjective satisfaction arrived at by the detaining authority that there is a real or imminent possibility of the detenu being enlarged on bail and if he is released on bail, he would indulge in such activities which would be prejudicial to the security of the State. In this connection, learned senior counsel relied upon Constitution Bench judgment of this Court in the case of Haradhan Saha vs. State of West Bengal and others,(1975) 3 SCC 198, Ahmad Nssar vs. State of Tamil Nadu & Ors., (1999) 8 SCC 473 and Baby Devassy Chully vs. Union of India & Ors., (2013) 4 SCC 531….read more