Why in News?
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.
Reference
Hindustan Times | Preventive detention
