HC: Preventive detention for past offences unconstitutional
Times of India | 27 August 2025
Kolkata: Preventive detention becomes unconstitutional if used to prolong the custody of an accused for past offences despite court granting them bail, the Calcutta High Court observed on Monday, while quashing the detention order passed against Jahanara Bibi on Sept 5, 2024, which resulted in her being detained at Loknayak Jayaprakash Narayan Central Jail in Jharkhand. On Jan 18, she was lodged in the prison.
"Preventive detention cannot be exercised as a punitive step, which the detaining authority has sought to do in this matter… Where the real object is to incarcerate for past offences, or to continue custody despite a court granting bail, the order loses its preventive character and becomes unconstitutional," the HC held.
Jahanara was arrested in three cases for allegedly possessing heroin and ganja. In all three cases, she was granted bail by the Calcutta HC on May 9, 2024. However, on the basis that she is a "habitual offender" and allegedly a drug racket kingpin, she was detained, stating that she has "a propensity to be involved in prejudicial activity in future" and is a "threat to innocent persons of the locality". | Gold Rates Today in Kolkata | Silver Rates Today in KolkataThe division bench of justices Tapabrata Chakraborty and Reetobroto Kumar Mitra said: "A mere line that the petitioner's enlargement into civil society may give rise to threat and harm to the society at large is wholly insufficient and inadequate to suspend her personal liberties.