Preventive detention only to forestall public disorder: SC
Part of: GS Prelims and GS – II – Rights and Duties
In news The Supreme Court held in a judgment recently that Preventive detention could be used only to prevent public disorder.
It is also said that the State should not arbitrarily resort to “preventive detention” to deal with all and sundry “law and order” problems, which could be dealt with by the ordinary laws of the country.
Preventive detention must fall within the four corners of Article 21 (due process of law) read with Article 22 (safeguards against arbitrary arrest and detention) and the statute in question.
What is Preventive Detention?
It is the imprisonment of a person with the aim of preventing him from committing further offences or of maintaining public order.
Article 22 (3) – If a person is arrested or detained under preventive detention, then the protection against arrest and detention under Article 22 (1) and 22(2) shall not be available.
A detainee under preventive detention can have no right of personal liberty guaranteed by Article 19 or Article 21.
To prevent reckless use of Preventive Detention, certain safeguards are provided in the constitution:
A person may be taken to preventive custody only for 3 months at the first instance.
The detainee is entitled to know the grounds of his detention.
The detaining authorities must give the detainee earliest opportunities for making representation against the detention.
