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  India   All India  09 Mar 2017  Release sari thief today, orders Supreme Court

Release sari thief today, orders Supreme Court

THE ASIAN AGE. | J VENKATESAN
Published : Mar 9, 2017, 6:05 am IST
Updated : Mar 9, 2017, 6:56 am IST

Eliah has been under preventive detention since March 19, 2016.

Supreme Court of India (Photo: PTI)
 Supreme Court of India (Photo: PTI)

New Delhi: The Supreme Court on Wednesday granted time till Thursday to the Telangana government to release a person who stole five saris from preventive custody.

The court asserted that preventive detention law under which a person can be detained for an year without any trial or bail should be applied only in “rarest of rare cases.”

“It is a drastic measure. It needs to be applied in rarest of rare cases when there is a serious threat to society,” a bench of Chief Justice J.S. Khehar and Justices D.Y. Chandrachud and Sanjay Kishan Kaul told solicitor general Ranjit Kumar, who appeared for Telangana.

The CJI did not accept the submission of the SG when he justified the preventive detention of the accused as he was a habitual offender. The CJI warned the state that it would pass adverse orders if the state on its own did not take a decision by Thursday on releasing the detainee, Ch Eliah, under the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic and Land Grabbers Act 1986.

Eliah has been under preventive detention since March 19, 2016. He has been accused by the police of habitually stealing sarees from various shops and malls, along with six other members of his gang.

Two other gang members are also under detention by the State police, but they have not moved the court, whereas, Eliah through his wife had challenged his detention as being illegal. Four others are absconding.

The SG said the decision to slap preventive custody on the accused was taken on the basis of CCTV footages showing them stealing sarees. A number of shop-keepers have complained to the city police commissioner and other top officers of the State, warranting Eliah’s detention. He said “one year behind the bars will bring him (alleged thief) back to senses. If such people are kept under preventive detention then it would only do overall good to the society.”

The CJI however, said “You can arrest them and appeal to the court that they should not be granted any bail. A person let us assume he is a thief, but still you can’t keep him under preventive detention for one year. We are not inclined to allow you to detain him further. Even otherwise you can’t use preventive detention against such persons. It is a very bad practice.”.

Justice Chandrachud said even if he is a “goonda” then it does not justify his detention under the preventive detention law. The CJI told the SG “Rather than inviting our order, do it yourself” (meaning release him). The SG said he will take instructions and accordingly the bench posted the matter for further hearing on Thursday. Eliah had moved the Supreme Court through his wife Shalini, after the Andhra Pradesh High Court refused to interfere with the order passed by the detaining authority.

Tags: supreme court, sari thief, preventive detention law
Location: India, Delhi, New Delhi