In a significant judgment reinforcing the sanctity of personal liberty, the Calcutta High Court has set aside a preventive detention order against Jahanara Bibi, accused in multiple narcotics cases. The Division Bench of Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra held that the state cannot use preventive detention as a tool to override judicial orders granting bail.
Jahanara Bibi was arrested in three separate narcotics cases between 2020 and 2024 involving recovery of heroin and ganja. She was granted bail in all three cases by competent courts, including the Calcutta High Court. Despite this, a preventive detention order was issued against her in September 2024 under the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act (PIT-NDPS).
The court observed that the detaining authority had failed to establish a “live and proximate link” between the grounds of detention and the necessity to curtail her liberty. The bench noted, “Preventive detention cannot be exercised as a punitive step merely because an individual has been granted bail by courts.” The judgment heavily relied on Supreme Court precedents, including Ameena Begum v. State of Telangana and Sushanta Kumar Banik v. State of Tripura, which caution against using preventive detention laws to bypass ordinary criminal procedures.
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Delivering the judgment, Justice Mitra remarked, “The mere apprehension of repetition of a crime is not a ground for preventive detention. The constitutional and statutory safeguards must be strictly adhered to.” The court also highlighted the unexplained delay of nearly five months in executing the detention order, which further weakened the state’s case.
The ruling underscores that preventive detention is an extraordinary measure and must be used sparingly. It reaffirms that the right to personal liberty under Article 21 of the Constitution cannot be suspended without contemporaneous and relevant material demonstrating a genuine threat to public order.
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The court directed the immediate release of the detainee and refused the state’s request to stay the operation of the judgment. This decision is being hailed as a victory for civil liberties and a stern reminder to authorities against misusing preventive detention laws.
Case Title: Jahanara Bibi @ Jahanara Begam @ Jahanara Mondai @ Janu vs. Union of India & Others
Case No.: W. P. A. (H) No. 22 of 2025
