Preventive detention a colonial legacy, gives government arbitrary powers: SC
Recently, the Supreme Court has clarified that the Preventive Detention Act is a colonial law, so it should be used only in the rarest of rare cases.
The Supreme Court while quashing a detention order made several observations, some of which are as follows –
- Courts should analyze cases related to such laws very carefully. This will ensure that the government is exercising its power in a controlled and balanced manner.
- In cases of preventive detention, the government should strictly follow each and every procedural strictness.
- Preventive detention means detaining a person without trial and without being proved guilty by the court. Its purpose is to prevent him from committing crimes in the near future.
- Parliament has the prerogative to make laws for preventive detention for issues related to defence, foreign affairs and security of India.
- The Parliament as well as the State Legislatures can make such laws for matters relating to the security of the State, maintenance of law and order and the supply and maintenance of services.
- The Constitution of India provides protection from arrest and detention under Articles 22(1) and 22(2). This protection is not available to a person arrested or detained under preventive detention laws.
- Under preventive detention, a person can be kept in custody for three months. An Advisory Board has to submit a report with sufficient reasons for extending this period.
Source – India Today