All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

The correct option is B: This is a colorable exercise of power because the police are using their power of preventive detention unreasonably to detain B when they ought to prosecute B for theft.

Explanation:

According to the principle, exercise of discretion for a purpose not authorized by law is colorable exercise of power. This means that when an authority uses its power for a different or ulterior motive than what the law intended, it is acting in a fraudulent or deceptive manner.

In this case, the police have caught B in the act of theft, which is a criminal offence. They have the power to arrest B and prosecute him for theft under the law. However, instead of doing so, they detain him under a state legislation that grants them the power of preventive detention to detain people who are a threat to internal security. This is a colorable exercise of power because the police are using their power of preventive detention for a purpose not authorized by law. The purpose of preventive detention is to prevent people from engaging in activities that may endanger the security of the state, not to punish them for crimes already committed. The police are using their power of preventive detention unreasonably and disproportionately to detain B when they ought to prosecute him for theft. Therefore, B can challenge the actions of the police in detaining him as a colorable exercise of power.

The other options are incorrect because:

Option A is incorrect because this is not a colorable exercise of power because the police have already prevented the theft. The fact that the police have prevented the theft does not justify their use of preventive detention, which is meant for a different purpose. The police still have to follow the due process of law and prosecute B for theft, not detain him indefinitely without trial.

Option C is incorrect because this is not a colorable exercise of power because the state legislation granted the police the power of preventive detention. The mere existence of the power of preventive detention does not mean that the police can use it arbitrarily and indiscriminately. The police have to use their power of preventive detention in accordance with the law and for the purpose for which it was given. In this case, the police are using their power of preventive detention for a purpose not authorized by law, which is to detain B for theft.

Option D is incorrect because this is not a colorable exercise of power because the police are preventing B from committing more thefts, which are a threat to internal security. The police cannot assume that B will commit more thefts in the future and use that as a pretext to detain him under preventive detention. The police have to prove that B is actually involved in or likely to be involved in activities that may endanger the security of the state, not just petty crimes like theft. The police are using their power of preventive detention disproportionately and irrationally to detain B for theft.

Option E is incorrect because this is not a colorable exercise of power because the police are authorized by law to detain people. The police are authorized by law to detain people only in accordance with the law and for the purpose for which they are given the power. In this case, the police are authorized by law to detain people who are a threat to internal security under preventive detention, not people who commit theft. The police are using their power of preventive detention for a different and ulterior motive than what the law intended, which is to detain B for theft.