Preventive Detention

Preventive Detention

Why in News?

The Supreme Court (SC) of India, in the case Mortuza Hussain Choudhury vs. State of Nagaland (2025), reiterated that preventive detention is an extreme measure and requires strict adherence to constitutional and legal safeguards. The ruling struck down the detention orders from Nagaland, finding them to be unjustified and in violation of legal principles.

What is the SC Ruling Regarding Preventive Detention?

• Case Overview: Two individuals were detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act) after a drug seizure. The police claimed the individuals would resume trafficking if released, but there were no separate grounds for detention provided.
• SC Judgment: The Supreme Court held that the detention orders violated Section 6 of the PITNDPS Act, as they lacked separate, specific grounds for detention. The court noted that while the detainees were informed of their detention in Nagamese (a local language), this was insufficient, citing the Harikisan vs. State of Maharashtra (1962) Constitution Bench ruling, which held that simply orally communicating the grounds for detention is not enough. The Court emphasized that preventive detention impacts fundamental rights and must comply strictly with statutory norms. As a result, the detention orders were quashed.

What is Preventive Detention?

• Definition: Preventive detention involves detaining an individual without trial, aimed at preventing potential unlawful activities. Unlike punitive detention, which follows due process and conviction, preventive detention limits personal liberty based on suspicion of future wrongdoing.
• Constitutional Provisions: Articles 22(1) and 22(2) of the Constitution protect individuals from arrest and detention, but these protections do not apply to those detained under preventive detention laws, as per Article 22(3). A person can be detained for up to three months without trial, unless extended by an Advisory Board, consisting of individuals qualified to be High Court judges. The detained person must be informed of the reasons for their detention unless it would harm public interest. They have the right to legal representation, though this right can be limited in certain cases.

Key Laws Related to Preventive Detention:

• National Security Act, 1980: Allows detention to prevent threats to national security and public order.
• Unlawful Activities (Prevention) Act, 1967: Prevents activities that threaten India's sovereignty, security, and integrity.
• Public Safety Act, 1978: Used in Jammu & Kashmir for preventive detention based on public order and security concerns.

Judicial Precedents:

• In Ameena Begum vs. The State Of Telangana (2023), the Supreme Court emphasized that preventive detention is an exceptional measure and should not be used arbitrarily.
• In the Jaseela Shaji vs. The Union of India case (2024), the SC ruled that detainees must be given a fair opportunity to challenge their detention.

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