Preventive Detention Cannot Be Sustained on Offences Committed as Minor: Karnataka High Court

In a significant ruling, the Karnataka High Court set aside a preventive detention order in Smt. Marry Usha v. State of Karnataka, holding that reliance on offences committed during the detenue’s juvenile years vitiates such detention. The Division Bench comprising Justice Anu Sivaraman and Justice Tara Vitasta Ganju was hearing a habeas corpus petition seeking the release of Abicyrill @ Abhi, whose detention had been ordered by the District Magistrate under the Karnataka Prevention of Dangerous Activities Act, 1985.

The State justified the detention by citing multiple criminal cases, including serious offences such as murder, attempt to murder, and unlawful activities. However, the petitioner argued that several of these offences were committed when the detenue was below 18 years of age and thus could not be considered in light of Section 24 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

The Court noted that the detenue, aged 19 at the time of the order, had indeed been a minor when several alleged offences occurred, and none fell within the exception of being tried as an adult for heinous crimes under Section 19 of the Act.

Emphasising the rehabilitative objective of juvenile justice law, the Bench held that using such past conduct defeats statutory intent and constitutional protections. Accordingly, the detention order dated 11.12.2025 was quashed, and the Court directed the immediate release of the detenue, reinforcing that preventive detention must strictly comply with statutory safeguards.