Rajeev Kumar Jain Vs. State of Madhya Pradesh and others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 9799 of 2021, Judgment Date: Jul 28, 2021

Law laid down -

If the detenu is in custody at the time of passing the detention order then it is necessary for the Detaining Authority to mention this fact in the detention order and also consider the prospects of release of the detenu on bail and apprehension that the detenu would indulge in prejudicial activities in case of his release on bail. The non-application of mind by the Detaining Authority or nonrecording of satisfaction in this regard vitiates the detention order. If the detenu is in jail then the compelling necessity justifying the detention must be reflected to sustain the order.

Rajeev Kumar Jain Vs. State of Madhya Pradesh and others