Facts of the Case
The Central Government, exercising its powers under a preventive detention law, issued a notification empowering an authority not below the rank of District Magistrate to pass detention orders against persons whose activities were considered prejudicial to public order or national security. In the present case, a detention order was passed not by the District Magistrate, but by an Additional District Magistrate (ADM). The detained person challenges the validity of the detention on the ground that the authority issuing the order was not competent under the empowering notification, thereby rendering the detention illegal.
Issues in the Case
- Whether an Additional District Magistrate falls within the expression “authority not below the rank of District Magistrate.”
- Whether strict compliance with statutory authorization is mandatory in detention matters.
- Whether detention by an unauthorized officer violates Article 21 and Article 22 of the Constitution.
- Whether the detention order is liable to be quashed due to lack of jurisdiction.
Legal Principles Covered to Support Case Proceedings and Judgements
Preventive detention laws must be strictly construed as they directly affect the personal liberty of individuals guaranteed under Article 21 of the Constitution. Any authority exercising detention power must act strictly within the limits of statutory delegation.
In A.K. Roy v. Union of India (1982), the Supreme Court emphasized that safeguards under Article 22 must be strictly followed. Further, in Commissioner of Police v. Gordhandas Bhanji (1952), the Court held that when a statute prescribes a particular authority to exercise power, the power cannot be exercised by any other authority, even if subordinate or equivalent.
An Additional District Magistrate, though assisting the District Magistrate, does not automatically possess the same statutory authority unless specifically empowered by law. Delegated powers cannot be assumed by implication. Detention by an incompetent authority amounts to lack of jurisdiction and is void ab initio.
Possible Judgement
The court is likely to hold that the detention order passed by the Additional District Magistrate is invalid and unconstitutional, as the empowering notification authorized only an authority not below the rank of District Magistrate. In the absence of express statutory authorization, the ADM lacked jurisdiction to pass the detention order. Since preventive detention affects personal liberty, strict adherence to statutory requirements is mandatory. Consequently, the detention order would be quashed, and the detenu would be entitled to immediate release.
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