Non Placing & Non Consideration Of Bail Order Vitiates Detaining Authority Subjective Decision: Tripura HC Sets Aside Detention Order
Case: Bishu Kumar Tripura v. State of Tripura and Others
Coram: Chief Justice Indrajit Mahanty and Justice S. G. Chattopadhyay
Case No.: WP(C)(HC) No. 04 of 2021
Court Observation: “Absence of awareness of such essential facts on the part of the detaining authority, in our view, resulted in non-application of mind which obviously affected the subjective satisfaction of the detaining authority. None can say with certainty that such bail orders, if placed before the detaining authority and considered by such authority would not have persuaded him to desist from passing such order of detention…In our considered view, the bail orders were the most pertinent and proximate matters which cannot be discarded as irrelevant and remote in the given fact situation of the case, and as such those orders should have been placed before the detaining authority for consideration and arriving at a subjective satisfaction as contemplated under subsection (1) of section 3 of PITNDPS Act to arrive at a conclusion with regard to the necessity of the preventive detention of the detenu.”
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