The Allahabad High Court ruled on a habeas corpus petition, Division Bench, comprising Justice Siddhartha Varma and Justice Anish Kumar Gupta, pronounced this verdict during the hearing of a habeas corpus petition filed by Abdul Rahman Alias Nanni.
Uttar Pradesh: The Allahabad High Court recently ruled on the extension of detention orders under the National Security Act (1980) in India. In a habeas corpus petition filed by Abdul Rahman Alias Nanni, the Division Bench, comprising Justice Siddhartha Varma and Justice Anish Kumar Gupta, addressed the extension of detention orders under Section 12(1) of the Act.
Background:
Abdul Rahman Alias Nanni sought the quashing of a detention order issued by the District Magistrate of Ghaziabad under Section 3(2) of the National Security Act, 1980.
Section 3(2) in The National Security Act, 1980
(2) The Central Government or the State Government may, if satisfied with respect to any person, with a view to preventing him from acting in any manner prejudicial to the security of the state, from acting in any manner prejudicial to the maintenance of public order, or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community, make an order directing that such person be detained.
Explanation.—For the purposes of this sub-section, “acting in any manner prejudicial to the maintenance of supplies and services essential to the community” does not include “acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community” as defined in the Explanation to sub-section (1) of section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (7 of 1980), and accordingly, no order of detention shall be made under this Act on any ground on which an order of detention may be made under that Act.
The petitioner was initially detained on 12.7.2023, and the order was approved by the state government on 18.7.2023, following which it was referred to the Advisory Board. After the Advisory Board’s report, the State Government confirmed the detention order on 2.8.2023 for a three-month period from the initial detention date.
Subsequently, the petitioner’s detention was extended twice, first on October 6, 2023, for six months, and then on November 9, 2024, for nine months from the initial detention date.
The petitioner’s counsel argued that the state government’s extension of detention beyond the prescribed period was illegal since the confirmatory order of 2.8.2023 was final and not subject to review or extension. The state argued that the extensions were lawful based on the Supreme Court’s ruling in Cherukuri Mani v. State of A.P. (2015), 13 SCC 722, which permits detention periods of up to three months at a time.
“In this case, the confirmatory order was issued on 2.8.2023, specifying that the petitioner would be detained for a duration of three months from the initial detention order dated 12.7.2023. Consequently, once the three-month period elapses, the petitioner’s detention is deemed unlawful, necessitating immediate release.”
The Court further observed.
The Allahabad High Court observed
That once a confirmatory order of detention is issued under Section 12(1) of the Act, it becomes final, and the State Government cannot review or extend it. Any extension beyond the period specified in the confirmatory order was deemed illegal. The Court cited previous cases and held that the State Government’s authority to extend detention orders is limited by law.
Accordingly, the court ordered the immediate release of Abdul Rahman Alias Nanni.
