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Polity & Governance
Mahesh

04/10/22 06:17 AM IST

Preventive detention serious invasion of personal liberty, rules Supreme Court

In News 
  • The Supreme Court ruled that “preventive detention is a serious invasion of personal liberty” and therefore whatever little safeguards the Constitution and the law authorizing such action provide must be strictly adhered to.
Preventive detention 
  • Preventive detention is the detention of a person on a mere reasonable apprehension of him doing an activity dangerous to public order and security.
  • Here, the person is confined in custody without undergoing a trial. Section 149-153 of CrPC as well as NDPS Act, and UAPA Act deals with the Preventive actions of the Police.
  • Constitution under articles 22 (1) and (2) gives protection from preventive detention, but these protections are not available to a person arrested or detained under preventive detention laws (Article 22(3)).
  • SC had said that there must be a “live and proximate link” between the grounds of detention and the purpose of detention, in order to detain and keep the person in detention.
Background 
  • Preventive detention is devised to afford protection to society. The object is not to punish a man for having done something but to intercept before he does it and to prevent him from doing it.
  • SC (Ram Manohar Lohia Case): Only the most severe of the acts should justify preventive detention
Source- Financial Express 

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