Allahabad HC Sets Aside Extended Detention Order For Abbas Ansari, Son Of Slain Gangster Mukhtar Ansari, Under National Security Act

The petitioner filed a writ petition seeking the quashing of a detention order issued under the National Security Act, 1980.

A Division Bench of Justice Siddhartha Varma and Justice Anish Kumar Gupta held, “In the instant case, the confirmatory order has been passed on 2.11.2023, whereby the petitioner herein was directed to be detained for a period of three months from the initial detention order i.e., 18.9.2023. Therefore, after the expiry of three months the petitioner's detention becomes illegal and he is liable to be released forthwith. For the reasons stated above, the writ petition is allowed.”

Senior Advocate Dayashankar Mishra assisted by Advocates Chandrakesh Mishra and Abhishek Kumar Mishra appeared for the Petitioner and Additional Advocate General P.C. Srivastava assisted by Advocates J.K. Upadhyaya and Vikas Sahai appeared for the State and Advocate Annapurna Singh Chandel, appeared for the Union of India.

He argued that the extension of detention beyond three months from the date of the initial order was illegal.

The petitioner's detention was initially ordered on September 18, 2023, and subsequently extended for three months, and then again for six months. The petitioner's argument was based on the contention that, according to Section 12(1) of the Act, once a confirmatory order is passed, the state has no authority to review or extend the detention beyond the specified period.

Counsel for the State argued that the extension was valid under the judgment in Cherukuri Mani v. State of A.P. (2015) 13 SCC 722, which stated that the state government cannot pass a confirmatory order beyond three months at a time.

However, the petitioner relied on the subsequent judgment in Pesala Nookaraju v. Government of Andhra Pradesh (2023 SCC Online SC 1003), which overruled Cherukuri Mani.

The Court held that the period of three months specified in Article 22(4)(a) of the Constitution is relevant only to the initial period of detention, up to the stage of the Advisory Board's report. After the confirmatory order is passed, the state government need not review the detention every three months.

The Court concluded that the detention of the petitioner beyond three months from the initial order was illegal. The Court added, “It is declared that the detention of the petitioner herein subsequent to the expiry of three months from 18.9.2023 as per the confirmatory order passed under section 12(1) of the Act, 1980 is illegal and the subsequent orders extending the detention of the petitioner herein is also illegal and not in accordance with law. Therefore, the order dated 11.12.2023 extending the period of detention of the petitioner herein is hereby set-aside.”

The Court allowed the writ petition, declaring the subsequent orders extending the detention as illegal and not in accordance with the law. The order extending the detention was set aside, and the petitioner was directed to be released forthwith unless required in any other case.

Cause Title: Abbas Ansari v. Adhichak Janpat Karagar & Ors., [2024:AHC:18870-DB]

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