As per case facts, the petitioner was involved in 10 FIRs, leading to a preventive detention order on 07.01.2026 under the Prevention of Illicit Traffic of Narcotics Drugs and Psychotropic ...
CRWPCRWPCRWPCRWP----4590459045904590
IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Jasveer Singh @ Jasbir Singh @ Kala
State of Haryana and others
ReservedReservedReservedReserved
Date of PronouncementDate of PronouncementDate of PronouncementDate of Pronouncement
Date of Uploading : Date of Uploading : Date of Uploading : Date of Uploading :
CORAM: CORAM: CORAM: CORAM:
Present:
SUMEET GOELSUMEET GOELSUMEET GOELSUMEET GOEL
1.
passed by the Additional Chief Secretary to
(Home) (hereinafter referred to as ‘
petitioner has preferred the present criminal writ petition under Article
226 of the Constitution of India (hereinafter referred to as
hand’) for quas
2.
the lis in hand is adumbrated, thus:
4590459045904590----2026202620262026
IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARHCHANDIGARHCHANDIGARHCHANDIGARH
Jasveer Singh @ Jasbir Singh @ Kala
V/s
State of Haryana and others
onononon:::: 11113333.05.2026.05.2026.05.2026.05.2026
Date of PronouncementDate of PronouncementDate of PronouncementDate of Pronouncement/ / / / DecisionDecisionDecisionDecision: : : : 22220000....05.202605.202605.202605.2026
Date of Uploading : Date of Uploading : Date of Uploading : Date of Uploading : 22220000.05.2026.05.2026.05.2026.05.2026
CORAM: CORAM: CORAM: CORAM: HON’BLE MR. JUSTICE SUMEET GOELHON’BLE MR. JUSTICE SUMEET GOELHON’BLE MR. JUSTICE SUMEET GOELHON’BLE MR. JUSTICE SUMEET GOEL
Mr. Ankur Mittal, Senior Advocate
Ms. Kushaldeep Kaur, Advocate,
Mr. Kushagar Goel, Advocate
Mr. Sakal Sikri, Advocate and
Ms. Sharvi Dadhwal, Advocate for the petitioner.
Mr. Gurmeet Singh, AAG Haryana.
*****
SUMEET GOELSUMEET GOELSUMEET GOELSUMEET GOEL, J., J., J., J.
Taking exception to the confirmation order dated 05.03.2026
passed by the Additional Chief Secretary to
(Home) (hereinafter referred to as ‘impugned confirmation order’)
petitioner has preferred the present criminal writ petition under Article
226 of the Constitution of India (hereinafter referred to as
) for quashing of the same.
Shorn of non-essential details, the relevant factual matrix of
in hand is adumbrated, thus:
1111
IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARHCHANDIGARHCHANDIGARHCHANDIGARH
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....Petitioner
....Respondents
05.202605.202605.202605.2026
HON’BLE MR. JUSTICE SUMEET GOELHON’BLE MR. JUSTICE SUMEET GOELHON’BLE MR. JUSTICE SUMEET GOELHON’BLE MR. JUSTICE SUMEET GOEL
Advocate with
Ms. Kushaldeep Kaur, Advocate,
Advocate, Ms. Preeti Goyal, Advocate
Mr. Sakal Sikri, Advocate and
Ms. Sharvi Dadhwal, Advocate for the petitioner.
Mr. Gurmeet Singh, AAG Haryana.
Taking exception to the confirmation order dated 05.03.2026
passed by the Additional Chief Secretary to the Government of Haryana
impugned confirmation order’), the
petitioner has preferred the present criminal writ petition under Article
226 of the Constitution of India (hereinafter referred to as ‘petition in
essential details, the relevant factual matrix of
2026202620262026
Taking exception to the confirmation order dated 05.03.2026
Government of Haryana
, the
petitioner has preferred the present criminal writ petition under Article
‘petition in
essential details, the relevant factual matrix of
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(i) On account of the petitioner being involved in 10 FIR(s), the
Secretary to Government of Haryana, Home Department passed an order
dated 07.01.2026 for preventive detention of the petitioner.
(ii) The petitioner is stated to have made a representation against
the above detention order. Upon opinion of the concerned Advisory
Board, the
impugned confirmation order was passed, which reads thus:
“Whereas, in exercise of the powers conferred vide section 3 (1) of the
Prevention of Illicit Traffic of Narcotics Drugs and Psychotropic
Substances Act, 1988 (for brevity the Act, 1988), the, detaining
authority vide order dated 07.01.2026 directed to detain Sh. Jasbir
Singh alias Kala S/o Bhag Singh R/o Village Malikpura, P.S. Odhan,
Police District Dabwali, Haryana, with a view to prevent him from
engaging in illicit traffic in narcotic drugs and psychotropic substance.
In pursuance of the said detention order dated 07.01.2026, Sh. Jasbir
Singh alias Kala S/o Bhag Singh was detained on 08.01.2026 and he is
currently detained in District Jail, Sirsa, Haryana
And whereas, a reference under section 9 (b) of t he Act, 1988
in respect of detention of Sh. Jasbir Singh alias Kala S/o Bhag Singh
was made to the Advisory Board, Haryana duly constituted under
section 9 (s) of Act, 1988 vide letter dated 09.01.2026. The Advisory
Board, after providing an opportunity of hearing to the detainee Sh.
Jasbir Singh alias Kala S/o Bhag Singh through video conference on
18.02.2026, submitted its report dated 19.02.2026, which was received
vide later dated 20.02.2026. The Advisory Board, in its report dated
19.02.2026 has concluded that sufficient cause is made out for the
preventive detention of Sh. Jasbir Singh alias Kala s/o Bhag Singh.
And now, therefore, in exercise of the powers conferred by
section 9(1) read with section 11 of the Act 1988, the detention order
of Sh. Jasbir Singh alias Kala S/o Bhag Singh issued vide order dated
07.01.2026 is hereby confirmed and it is further directed that the
period of detention of Sh. Jasbir Singh alias Kala S/o Bhag Singh R/o
Village Malikpura, P.S. Odhan, Police District Dabwali, Haryana in
pursuance of the aforesaid detention order shall be six month from the
date of his detention i.e. 08.01.2026.
SD/ (Sudhir Rajpal, IAS)
Additional Chief Secretary to Government Haryana ,
Home
Department”
CRWPCRWPCRWPCRWP----4590459045904590----2026202620262026 3333
It is in the aforesaid factual backdrop that the
petition in
hand
has come up for adjudication before this Court.
Rival SubmissionsRival SubmissionsRival SubmissionsRival Submissions
3. Learned senior counsel for the petitioner has argued that the
impugned confirmation order is against the basic tenets of law as the
same does not reflect any independent application of mind at the end of
the confirming authority. Learned senior counsel has urged that the
impugned confirmation order has been passed solely upon the opinion of
the Advisory Board and it has clearly not adhered to the distinction of the
power of the State Government/appropriate Government and role of the
Advisory board. Learned senior counsel has iterated that, even if, an
opinion is received from the Advisory Board regarding satisfaction of
continuing the detention order, even in such a situation, the confirmatory
authority ought to have applied its own independent mind. Learned
senior counsel has urged that this vital aspect of the matter is clearly
lacking in the
impugned confirmation order. On the strength of these
submissions, the grant of
petition in hand is entreated for.
4. Respondent Nos.1 to 4 have filed the written reply by way
of affidavit dated 06.05.2026 of Sh. Sandeep Singh, Deputy
Superintendent of Police, Kalanwali, District Sirsa whereas a separate
written reply dated 02.05.2026 has been preferred on behalf of
respondent No.5, in the Court; which are taken on record. Raising
submissions in tandem with the above reply(s), learned State counsel has
submitted that the petitioner has been found to be involved in multiple
NDPS cases and, thus, the
impugned confirmation order has been passed
against the petitioner for up-keeping of public order and law. Learned
CRWPCRWPCRWPCRWP----4590459045904590----2026202620262026 4444
State counsel has further urged that the entire procedural norms have
been meticulously followed. It has been further submitted that the
impugned confirmation order is based on sound reasoning and logic as
also in tandem with the opinion given by the concerned Advisory Board.
On the strength of these submissions, the dismissal of the
petition in hand
is entreated for.
Prime IPrime IPrime IPrime Issuessuessuessue
5. The prime issue that arises for consideration in the
petition
in hand
is as to whether the impugned confirmation order is liable to be
quashed.
The seminal legal issue that arises for cogitation is as to
whether the confirming authority, while passing a confirmation order in
terms of Section 9(f) of
PITNDPS Act, is under a statutory obligation to
pass a reasoned order reflecting independent application of mind, not
only regarding the substantive confirmation of the detenue’s detention
but also with respect to the determination of the period of extension.
Relevant StatuteRelevant StatuteRelevant StatuteRelevant Statute
6. The Constitution of IndiaThe Constitution of IndiaThe Constitution of IndiaThe Constitution of India
I. Article 22 of the Constitution of India, reads as under
““““22. Protection against arrest and detention in certain casesProtection against arrest and detention in certain casesProtection against arrest and detention in certain casesProtection against arrest and detention in certain cases
(1) xxx xxx xxx xxx
(2) xxx xxx xxx xxx
(3) xxx xxx xxx xxx
(4) No law providing for preventive detention shal l authorise the
detention of a person for a longer period than three months unless—
(a) an Advisory Board consisting of persons who ar e, or
have been, or are qualified to be appointed as, Judges of a High
Court has reported before the expiration of the said period of
three months that there is in its opinion sufficient cause for
such detention:
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Provided that nothing in this sub-clause shall au thorise
the detention of any person beyond the maximum period
prescribed by any law made by Parliament under sub-clause (b)
of clause (7); or
(b) such person is detained in accordance with the
provisions of any law made by Parliament under sub-clauses
(a) and (b) of clause (7).
(5) When any person is detained in pursuance of an order
made under any law providing for preventive detention, the
authority making the order shall, as soon as may be,
communicate to such person the grounds on which the order
has been made and shall afford him the earliest opportunity of
making a representation against the order.
(6) xxx xxx xxx xxx
(7) Parliament may by law prescribe—
(a) the circumstances under which, and the class o r classes
of cases in which, a person may be detained for a period longer
than three months under any law providing for preventive
detention without obtaining the opinion of an Advisory Board
in accordance with the provisions of sub-clause (a) of clause
(4);
(b) the maximum period for which any person may in any
class or classes of cases be detained under any law providing
for preventive detention; and
(c) the procedure to be followed by an Advisory Bo ard in
an inquiry under sub-clause (a) of clause (4).
””””
II.II.II.II. The The The The Prevention of Illicit Traffic In Narcotic Prevention of Illicit Traffic In Narcotic Prevention of Illicit Traffic In Narcotic Prevention of Illicit Traffic In Narcotic Drugs and Drugs and Drugs and Drugs and
Psychotropic Substances Act, 1988Psychotropic Substances Act, 1988Psychotropic Substances Act, 1988Psychotropic Substances Act, 1988
(hereinafter referred to as ‘PITNDPS Act’)
““““9.9.9.9. Advisory BoardsAdvisory BoardsAdvisory BoardsAdvisory Boards.–– For the purposes of sub-clause (a) of clause (4)
and sub-clause(c) of clause (7) of article 22 of the Constitution, –
(a)
xxx xxx xxx
(b) xxx xxx xxx
(c) xxx xxx xxx
(d) xxx xxx xxx
(e) xxx xxx xxx
(f) in every case where the Advisory board has reported that
there is in its opinion sufficient cause for the detention of a
person, the appropriate Government may confirm the detention
order and continue the detention of the person concerned for
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such period as it thinks fir and in every case where the Advisory
board has reported that there is in its opinion no sufficient cause
for the detention of the person concerned, the appropriate
Government shall revoke the detention order and cause the
person to be released forthwith.
””””
III.III.III.III. Preventive Detention Act, 1950Preventive Detention Act, 1950Preventive Detention Act, 1950Preventive Detention Act, 1950 (hereinafter referred to as ‘PD
Act 1950’
)
“11.11.11.11. Action Upon the Report of Advisory Board. Action Upon the Report of Advisory Board. Action Upon the Report of Advisory Board. Action Upon the Report of Advisory Board. ––––––––
(1)
In any case where the Advisory board has reported that there is
in its opinion sufficient cause for the detention of a person, the
appropriate Government may confirm the detention Older and
continue the detention of the person concerned for such period
as it thinks fit. (2) In any case where the Advisory board has
reported that there is in its opinion no sufficient cause for the
detention of the persons concerned, the appropriate Government
shall revoke the detention order and cause the person to be
released forthwith.”
IVIVIVIV. . . . The The The The Maharashtra Prevention of Communal, AntiMaharashtra Prevention of Communal, AntiMaharashtra Prevention of Communal, AntiMaharashtra Prevention of Communal, Anti----social and other social and other social and other social and other
Dangerous Activities ADangerous Activities ADangerous Activities ADangerous Activities Act, 1980ct, 1980ct, 1980ct, 1980
(hereinafter referred to as ‘MPCAD Act
1980’
)
“12.12.12.12. Action upon the report of Advisory Board Action upon the report of Advisory Board Action upon the report of Advisory Board Action upon the report of Advisory Board –––––––– (1) In any case where
the Advisory Board has reported that there is in its opinion sufficient cause
for the detention of a person, the State Government may confirm the
detention order and continue the detention of the person concerned for such
period as it thinks fit.”
V.V.V.V. The Maharashtra Prevention of Dangerous ActivitThe Maharashtra Prevention of Dangerous ActivitThe Maharashtra Prevention of Dangerous ActivitThe Maharashtra Prevention of Dangerous Activities of ies of ies of ies of
Slumlords, Bootleggers, DrugSlumlords, Bootleggers, DrugSlumlords, Bootleggers, DrugSlumlords, Bootleggers, Drug----Offenders, Dangerous Persons and Video Offenders, Dangerous Persons and Video Offenders, Dangerous Persons and Video Offenders, Dangerous Persons and Video
Pirates APirates APirates APirates Act, 1981 ct, 1981 ct, 1981 ct, 1981
(hereinafter referred to as ‘MPDA Act, 1981’)
12.12.12.12. Action upon the report of Advisory Board Action upon the report of Advisory Board Action upon the report of Advisory Board Action upon the report of Advisory Board –––––––– (1) In any case where
the Advisory Board has reported that there is in its opinion sufficient cause
for the detention of a person, the State Government may confirm the
detention order and continue the detention of the person concerned for such
period as it thinks fit.”
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Relevant case LawRelevant case LawRelevant case LawRelevant case Law
7. The precedents germane to the matter(s) in issue are, thus:
(i) The Five Judge Bench of the Hon’ble Supreme Court; while
dealing with Section 11(1) of the
PD Act, 1950; in a judgment titled as
Dattatraya Moreshwar Vs. State of Bombay, 1952Dattatraya Moreshwar Vs. State of Bombay, 1952Dattatraya Moreshwar Vs. State of Bombay, 1952Dattatraya Moreshwar Vs. State of Bombay, 1952 AIR Supreme Court AIR Supreme Court AIR Supreme Court AIR Supreme Court
181181181181, , , ,
has held as under:
“13. xxx xxx xxx In my opinion, the words "for such period as it
thinks fit" pre-suppose and imply that after receipt of the report of the
Advisory Board the detaining authority has to make up its mind as to
whether the original order of detention should be confirmed and if so,
for what further period the detention is to continue.
Obviously that is
the proper stage for making an order or decision of this description as
the investigation with regard to a particular detenu such as is
contemplated by the Preventive Detention Act is then at an end and the
appropriate Government is in full possession of all the materials
regarding him. xxx xxx xxx”
(ii) The Five Judge Bench of the Hon’ble Supreme Court; while
dealing with Section 11 of the
PD Act, 1950; in a Judgment titled as
Jayanarayan Sukul vs. Jayanarayan Sukul vs. Jayanarayan Sukul vs. Jayanarayan Sukul vs. State of West Bengal 1970(1) SCC 219State of West Bengal 1970(1) SCC 219State of West Bengal 1970(1) SCC 219State of West Bengal 1970(1) SCC 219; has held
as under:
“20. Broadly stated, four principles are to be followed in regard to
representation of detenus. xxxxxxxxxxxxxxxxxxxxxx. Secondly, the
consideration of the representation of the detenue by the appropriate
authority is entirely independent of any action by the Advisory Board
including the consideration of the representation of the detenue by the
Advisory Board. Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. If
however, the Government will not release the detenue the Government
will send the case along with the detenue’s representation to the
Advisory Board. If thereafter the Advisory Board will express an
opinion in favour of release of the detenue the Government will
release the detenue. If the Advisory Board will express any opinion
against the release of the detenue the Government may still exercise
the power to release the detenue.”
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(iii) A Division Bench of the Hon’ble Bombay High Court;
while dealing with Section 12 of the
MPCAD Act 1980; in a case titled
as
Akshay Bhaskar Sahare vs. State of Maharashtra and another 2025 Akshay Bhaskar Sahare vs. State of Maharashtra and another 2025 Akshay Bhaskar Sahare vs. State of Maharashtra and another 2025 Akshay Bhaskar Sahare vs. State of Maharashtra and another 2025
SCC OnLine Bom 6145; SCC OnLine Bom 6145; SCC OnLine Bom 6145; SCC OnLine Bom 6145;
has held as under:
“38.38.38.38. It is thus clear that the discretion to confirm a detention order
must be used carefully and with proper reasoning. The confirmation
order should clearly state why continuing the detention is necessary,
based on the situation at the time the order is passed. The State
Government must consider both the circumstances that existed when
the detention order was first made under Section 3, and those that exist
at the time of confirmation under Section 12. If the main purpose of
detention has already been achieved, the Government should release
the person. But if detention is to continue, the Government must
explain why it is still necessary, showing its satisfaction based on the
circumstances expected to continue. The Government must also
estimate how long those circumstances will prevail and accordingly,
the period of continued detention prescribed.”
(iv) A Division Bench of the Hon’ble Bombay High Court;
while dealing with Section 12 of the
MPDA Act, 1981; in a case titled as
Rajendraprasad Gupta @ Munnabhai @ Rajubhai Surajlal Gupta vs. R.Rajendraprasad Gupta @ Munnabhai @ Rajubhai Surajlal Gupta vs. R.Rajendraprasad Gupta @ Munnabhai @ Rajubhai Surajlal Gupta vs. R.Rajendraprasad Gupta @ Munnabhai @ Rajubhai Surajlal Gupta vs. R.S. S. S. S.
Sharma and others, 2004(3) MHSharma and others, 2004(3) MHSharma and others, 2004(3) MHSharma and others, 2004(3) MHLJ 801; LJ 801; LJ 801; LJ 801;
has held as under:
“11. xxxxxxxxxxxxxxxxxxxx. In our view whether it be the stage of
approval or consideration of representation or confirmation, on each
occasion the concerned authorized officer is required to apply his mind to
the relevant material, which is required to be considered by law, afresh. To
our mind the reason for this is that the purpose for which the concerned
officer looks at this material on each of these occasion is different. For
example, he is considering the material for the purpose of granting an
approval to the detention order, the purpose of which he looks at the
relevant material placed before him is in order to determine whether there is
sufficient cause for detention and as to whether the detention is authorized.
When he looks at the relevant material at the stage of confirmation of the
order, what he is required to be determined is whether in his subjective
opinion, the propensity and potentiality of committing similar offence exists
on the date of the passing of confirmation order and his likely to extend to
the period for which the detention is being confirmed. It may be that
CRWPCRWPCRWPCRWP----4590459045904590----2026202620262026 9999
material is the same. At the later stage of confirmation there might be
additional material placed before him. At this stages, the opinion of the
Advisory Board is also a further material placed before him. Even as
regards the original grounds of detention and material and support thereof,
the angle and purpose for which he looks at this material is different at the
stage of confirmation and hence in our view, the material is required to be
re-scanned afresh.”
Analysis (re law)Analysis (re law)Analysis (re law)Analysis (re law)
8. At first glance, the concept of preventive detention appears
fundamentally antithetical within the four corners of constitutional democracy
governed by the Rule of Law, whose preamble and fundamental ethos elevated
personal liberty to a sacrosanct pinnacle. To incarcerate an individual
ante
delicto
(i.e. before the commission of an offence) based on mere executive
apprehension, rather than
post delicto (i.e. after a punitive trial), sharply
conflicts with the venerable maxim
libertas omnibus rebus favorabilior est i.e.
liberty is to be favoured above all things. Yet, Constitutional governance is not
founded upon abstract idealism alone, but equally upon pragmatic realism and
the imperative necessity of preserving the larger societal order. It cannot afford
to dwell in the realm of
doctrinaire absolutism. It was in recognition of this
delicate Constitutional equilibrium that the framers of the Constitution, despite
their unmatched reverence for civil liberties, consciously retained provisions
enabling preventive detention. The rationale underlying such retention was
neither accidental nor ornamental; rather, it stemmed from the compelling
necessity to equip the State with adequate Constitutional machinery to
eliminate/curb forces whose activities, may imperil the sovereignty and
integrity of the nation, disrupt public order, threaten national security, or
endanger societal peace and welfare. In such circumstances, the law cannot
afford to lock the stable after the horse has bolted. However, this inclusion was
CRWPCRWPCRWPCRWP----4590459045904590----2026202620262026 10101010
never an endorsement of executive tyranny, but rather a calculated concession
to the age old adage
salus populi suprema lex esto i.e. the welfare/safety of the
people in common is the supreme law, thereby, acknowledging that the
preservation of the State’s sovereignty is the condition precedent to the
enjoyment of any individual civil right.
8.1. To forestall this extraordinary and inherently nocuous power
from degenerating into an engine of autocratic oppression, the constitutional
schema itself mandates certain irreducible safeguards, strictissimi juris
observance whereof, is sine qua non for any lawful deprivation of liberty.
These safeguards provided under Article 22 of the Constitution of India are not
merely perfunctory formalities; rather, they constitute an indelible and
substantive facet of the
due process of law, the non-compliance whereof
renders the underlying proceedings null and void and the resultant detention
fundamentally illegal. In this sensitive intersection of State security/ national
welfare and individual freedom, the law demands
strictissmi juris, adherence
with these procedural safeguards, for when the State operates out of the
shadows of suspicion/ apprehension of future transgression(s) rather than the
light of evidence, this procedural shield remains the detenue’s sole refuge
against executive overreach. A failure to scrupulously observe these
Constitutional dictates does not merely constitute venial technical irregularity;
it tantamount to a flagrant violation of Article 21, as the procedure established
by law becomes a mere hollow shell if its foundational safeguards are
bypassed or diluted. Consequently, any statute providing for preventive
detention must, as a condition precedent to its validity, incorporate these
minimum safeguards to ensure they are not subverted by administrative
ipse
dixit.
CRWPCRWPCRWPCRWP----4590459045904590----2026202620262026 11111111
Amongst the constellation of safeguards, Article 22(4) serves as
an institutional check, by necessitating the constitution of an independent
Advisory Board to scrutinise any proposal for extending detention beyond the
period of 3 months. The role of Advisory Board is not merely advisory in
nature in colloquial sense, it functions as a quasi-judicial bulwark, a sieve
through which the executive’s subjective satisfaction must pass. This is further
complemented by Article 22(5), which imposes an obligation to furnish the
grounds of detention,
as soon as may be and to afford the detenue the earliest
opportunity
of making a representation. This right to representation is not a
hollow, formalistic ritual but a substantive entitlement that carries the implied
requirement of expeditious consideration and disposal thereof by the State in a
judicious manner, eschewing any mechanical or perfunctory approach,
lest, it
may constitute a fatal fracture in the procedure established by law, and renders
the detention vulnerable for
Article 21 scrutiny.
8.2. The architectural blueprint of these Constitutional safeguards
finds statutory expression in Section 9 of the
PITNDPS Act. Section 9(a)
provides for the manner in which the Advisory Board is to be constituted and
Section 9(b) further tightens the procedural noose by mandating that the
Appropriate Government make a formal reference to the Advisory Board
within five weeks from detention, upon receipt whereof, the Advisory Board
enters into a deliberative phase; transcending a mere review of the record to
consider all relevant material and any such further information, as deemed
necessary; judicially. This process culminates into a report under article
22(4)(a), wherein, for the detention to be continued and lawful, the Advisory
Board must have arrived at a categorical finding as to whether there exists
‘sufficient cause’ for the continued incarceration of the individual.
CRWPCRWPCRWPCRWP----4590459045904590----2026202620262026 12121212
8.3. The finality and potency of the Advisory Board’s determination
find their statutory anchorage in Section 9(f) of the
PITNDPS Act, a provision
that mirrors the mandate of Article 22(4)(a). Section 9(f) envisages a stark,
binary statutory
schema: firstly, should the Advisory Board report a deficit of
sufficient cause, the Appropriate Government/Confirmatory Authority’s
discretionary veneer is summarily stripped away, and it is under an exacting,
mandatory obligation to revoke the detention order and effectuate immediate
release of the subject. Conversely, where the Advisory Board reports the
existence of
‘sufficient cause’ the statutory language shifts from the mandatory
‘shall’‘shall’‘shall’‘shall’ to permissive ‘may’. ‘may’. ‘may’. ‘may’. This shift from mandatory ‘shall’ ‘shall’ ‘shall’ ‘shall’ (in case of
negative opinion by the Advisory Board) to the permissive
‘may’ ‘may’ ‘may’ ‘may’ (in case of
positive opinion by the Advisory Board)
creates a significant jurisdictional
pause. This linguistic nuance signals that the Advisory Board’s
positive
opinion is an enabling factor, but not a compelling factor for the Appropriate
Government/Confirmatory Authority to mechanically comply with it. The five
Judge Bench of the Hon’ble Supreme Court in
Jayanarayan Sukul Jayanarayan Sukul Jayanarayan Sukul Jayanarayan Sukul (supra);
while interpreting Section 11(1) of the PD Act, 1950, provisions whereof are
in
pari materia with Section 9(f) of the PITNDPS Act, observed that the
government's consideration of a detenue's representation is entirely
autonomous and independent of any action or review by the Advisory
Board. While a negative report from the Advisory Board leaves the
government with no choice but to immediately release the detenue, a
positive report from the Advisory Board is not binding, and the
government retains the ultimate, independent power to exercise its
discretion and release the detenue. Furthermore, the Division Bench of
the Hon’ble Bombay High Court in
Rajendraprasad Gupta Rajendraprasad Gupta Rajendraprasad Gupta Rajendraprasad Gupta (supra) held
CRWPCRWPCRWPCRWP----4590459045904590----2026202620262026 13131313
that the authorized officer must apply his mind and scan the relevant
material completely afresh at each distinct stage, whether during
approval, consideration of representation, or confirmation; because the
underlying legal purpose of the evaluation shifts at every milestone.
Specifically, while the original approval stage tests the initial sufficiency
of cause to authorize detention, the subsequent confirmation stage
requires a fundamentally different assessment: the Appropriate
Government/ Confirmation Authority must determine whether the
detenue's propensity and potentiality to commit similar offenses still
persists at that later date, thereby requiring an independent evaluation of
the entire matrix, including the original grounds, any new material, and
the Advisory Board's report, to justify extending the detention. It is
pertinent to mention herein that the principles enunciated by the Hon’ble
Bombay High Court in
Rajendraprasad Gupta (supra)Rajendraprasad Gupta (supra)Rajendraprasad Gupta (supra)Rajendraprasad Gupta (supra) apply with full
force to the present case,
albeit, the High Court therein having interpreted
Section 12 of the
MPCAD Act, 1980, the provisions of which are in pari
material
and indeed, verbatim with Section 9(f) of the PITNDPS Act.
Consequently, the
ratio decidendi of the said judgment directly governs
the statutory interpretation required herein.
8.4. A bare perusal of Section 9(f) of the
PITNDPS Act, reveals
that t
he Appropriate Government/Confirmatory Authority is thus vested with a
dual discretion:
firstly, it must adjudicate upon the necessity of continued
incarceration notwithstanding the Advisory Board’s positive recommendation;
and
secondly, should the Appropriate Government/Confirmatory Authority
chose to confirm further detention, it must judiciously calibrate the temporal
extent of such detention. A five Judge Bench of the Hon’ble Supreme Court in
CRWPCRWPCRWPCRWP----4590459045904590----2026202620262026 14141414
DattatraDattatraDattatraDattatrayayayaya (supra); while dealing with Section 11 of the PD Act, 1950,
provisions whereof are verbatim with Section 9(f) of the PITNDPS Act,
observed that
the phrase ‘for such period as it thinks fit’‘for such period as it thinks fit’‘for such period as it thinks fit’‘for such period as it thinks fit’ mandates the
detaining authority, upon receiving the Advisory Board's report, to
independently decide whether to confirm the detention and determine its
specific future duration.
This dual discretion is neither ornamental flourish
nor a license for executive caprice. Similarly, the exercise of discretion by an
administrative authority, particularly in the sensitive theatre of preventive
detention, is never an unfettered license for individual whim, rather, it is a
legal power held in trust, to be exercised within the rigorous perimeters of the
Rule of Law.
The statutory employment of the word ‘may’‘may’‘may’‘may’ and of phrase
‘for such period as it thinks fit’‘for such period as it thinks fit’‘for such period as it thinks fit’‘for such period as it thinks fit’ in Section 9(f) of the PITNDPS Act, is
not an investment of unfettered or absolute power; rather, it signifies the
vesting of a highly structured legal discretion to be exercised
secundum
arbitrium boni viri
(i.e. according to the judgment of a sound person
guided by law and reason). To satisfy the constitutional conscience and
withstand the exacting scrutiny of Article 21, the Confirmation Order
must stand as an articulate, self-contained testament to the authority’s
intellectual engagement, constituting a speaking order
ex-facie. The
independent application of mind by the Appropriate Government/
Confirmatory Authority cannot be a matter of abstract presumption or
post-facto rationalization; it must be demonstrably manifested within the
four corners of the confirmation order itself.
When the Appropriate
Government/Confirmatory Authority receives a positive opinion from the
Advisory Board, it does not act as a mere passive recording machine or a
mechanical conduit. The Appropriate Government/Confirmatory Authority
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must demonstrate an independent subjective satisfaction, regarding the
continuation as also the duration of the detention, which necessitates an
exhaustive intellectual engagement with the entire dossier of the detenue;
positive opinion of the Advisory Board constitutes merely a part of the whole,
whereof.
Ergo, the Confirmatory Authority remains legally bound to
conduct an exhaustive, independent review of the entire dossier, balancing the
personal liberty of the detenue against the societal exigencies contemplated by
the
PITNDPS Act. If the final confirmation order lacks a discernible narrative
of independent reasoning, or if it fails to explicitly justify the temporal extent
of the detention with qualitative reasons rather than a mere quantitative
declaration, it degenerates into a mere
ipse dixit of the executive. A
perfunctory or boilerplate/mechanical order that mimics the Advisory Board's
conclusions without independent analysis suffers from a fatal non-application
of mind. Such an infirmity goes to the root of the Appropriate
Government/Confirmatory Authority's jurisdiction, rendering the resultant
confirmation order
ultra vires, void ab initio, and a flagrant infraction of the
procedural safeguards guaranteed under Article 21 of the Constitution, as the
procedure established by law becomes a mere hollow shell if its foundational,
reasoned safeguards are bypassed or diluted.
The Division Bench of the
Hon’ble Bombay High Court in
Akshay Bhaskar Sahare Akshay Bhaskar Sahare Akshay Bhaskar Sahare Akshay Bhaskar Sahare (supra); while
dealing with Section 12 of the
MPDA Act, 1981, provisions whereof are
in
pari materia with Section 9(f) of the PITNDPS Act, held that the
discretion to confirm preventive detention must be exercised carefully
through a reasoned order that evaluates both the initial circumstances and
the situation prevailing at the time of confirmation. If the purpose of
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detention has been achieved, the detenue must be released; however, if
extension is necessary, the Government must explicitly explain why the
threat persists, estimate how long those circumstances will prevail, and
calibrate the period of continued detention accordingly.
9.
As a sequitter to the above rumination, the following
postulates emerge:
(i) Section 9(f) of the PITNDPS Act vests the Appropriate
Government/ Confirmatory Authority with a distinct, dual discretion:
firstly, it must independently adjudicate upon the substantive necessity of
continuing the preventive detention; and
secondly, it must qualitatively
calibrate and justify the precise temporal duration of such extended
confinement. The phrase
"for such period as it thinks fit" does not confer
absolute power, but signifies a structured discretion to be exercised
rationally and proportionately.
(ii) The Appropriate Government/ Confirmatory Authority
cannot treat a positive/affirmative opinion of the Advisory Board as a
mechanical mandate for continued incarceration. The Advisory Board’s
finding is merely a component of the evidentiary matrix, and not its
entirety. The Appropriate Government/ Confirmatory Authority remains
legally bound to conduct an autonomous, exhaustive review of the
detenue's entire dossier, forming its own independent subjective
satisfaction rather than passively adopting the Advisory Board's
conclusions.
(iii) To satisfy the constitutional safeguards of Article 21, the
confirmation order must be a speaking order
ex-facie, serving as an
articulate, self-contained testament to the authority’s mental process.
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Independent application of mind cannot be presumed or rationalized
post-facto; it must be demonstrably manifested within the four corners of
the order, explicitly providing clear, cogent reasoning for both the
confirmation itself and the specific duration prescribed.
(iv) Any confirmation order that acts as a perfunctory rubber
stamp or a mechanical/boilerplate replication of the Advisory Board’s
opinion suffers from a fatal non-application of mind. By failing to visibly
project independent analysis and qualitative reasons, the order
degenerates into a mere executive
ipse dixit. This procedural fracture
goes to the root of jurisdiction, thereby, rendering the confirmation order
unsustainable.
Analysis re: facts of the present caseAnalysis re: facts of the present caseAnalysis re: facts of the present caseAnalysis re: facts of the present case
10. A perusal of the
impugned confirmation order reflects that
there is no independent application of mind by the confirmatory/
appropriate government, which is, indubitably, reflected from the
relevant part of the said order, which reads thus:
““““
And now, therefore, in exercise of the powers conferred by
section 9(1) read with section 11 of the Act 1988, the detention order
of Sh. Jasbir Singh alias Kala S/o Bhag Singh Issued vide order dated
07.01.2026 is hereby confirmed and it is further directed that the
period of detention of Sh. Jasbir Singh alias Kala S/o Bhag Singh R/o
Village Malikpura, P.S. Odhan, Police District Dabwali, Haryana in
pursuance of the aforesaid detention order shall be six month from the
date of his detention i.e. 08.01.2026.
””””
The
impugned confirmation order does not reflect any
reason neither for confirming the detention order nor for the period for
which the detention order has been passed.
Ergo, the same is sans
reasoning, which is required to be coming forth from an order under
challenge. Thus, the
impugned confirmation order deserves to be
quashed.
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DecisionDecisionDecisionDecision
In the prevenient ratiocination, it is ordained thus:
i) The
impugned confirmation order (order dated 05.03.2026 passed
by the Additional Chief Secretary to the Government of Haryana, Home
Department), is hereby quashedquashedquashedquashed.
ii) The petitioner is directed to be set at liberty,
forthwith, if not
required in any other case.
iii) Pending application(s), if any, shall stand disposed of.
iv) Registry is directed to transmit a copy of the instant order to the
Home Secretary(s) for the States of Haryana, Punjab as also U.T.,
Chandigarh.
(SUMEET GOEL)(SUMEET GOEL)(SUMEET GOEL)(SUMEET GOEL)
JUDGEJUDGEJUDGEJUDGE
MayMayMayMay 22220000,,,, 2026202620262026
Ajay/mahavir
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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