The Supreme Court has allowed a plea against preventive detention of a man allegedly engaged in organized smuggling, as the detaining authorities failed to consider conditions imposed on him.
Recent SC Ruling -Preventive detention prescribed safeguards must be strictly observed to ensure due compliance with constitutional and statutory norms and requirements.
Preventive detention – It is the act of detaining someone without a court trial or conviction.
It is used to prevent someone from committing a crime or disrupting public order.
Purpose -To prevent someone from committing a crime,
To prevent someone from disrupting public order,
To prevent someone from escaping prosecution, and
To maintain national security.
Constitutional provisions -Article 22(3) of the Constitution allows preventive detention for reasons of state security and public order.
The Constitution provides safeguards for people in preventive detention.
Both Parliament and State Legislature have powers to enact a law for preventive detention while Parliament has exclusive power over reasons connected with defence, foreign affairs, or security of India.
Related Laws
Foreign Exchange Conservation and Prevention of Smuggling Activities, 1974 (COFEPOSA)
Unlawful Activities (Prevention) Act, 2008 (UAPA)
Previous rulings of Supreme Court -The Supreme Court has ruled that advisory boards should prevent the state from using power capriciously
The Supreme Court has ruled that the grounds for preventive detention should be communicated to the detainee as soon as possible
Landmark case - The A K Gopalan v/s State of Madras case related to the Preventive Detention Act of 1950.
