1-June-2017: Preventive detention no quick fix

Supreme Court of India, in a case, has observed that preventive detention of a person by a State after branding him a ‘goonda’ merely because the normal legal process is ineffective and time-consuming in ‘curbing the evil he spreads’ is illegal.

Detention of a person is a serious matter affecting the liberty of the citizen. The Article 22 (3) of the Indian constitution provides that if a person is arrested or detained under a law providing for preventive detention, then the protection against arrest and detention under Article 22 (1) and 22 (2) shall not be available. Hence, preventive detention cannot be resorted to when sufficient remedies are available under the general laws of the land for any omission or commission under such laws. The grounds for Preventive detention are security of state, maintenance of public order, maintenance of supplies and essential services and defence and foreign affairs or security of India.

The order of preventive detention, though based on the subjective satisfaction of the detaining authority, is nonetheless a serious matter, affecting the life and liberty of the citizen under Articles 14, 19, 21 and 22 of the Constitution. The power being statutory in nature, its exercise has to be within the limitations of the statute, and must be exercised for the purpose the power is conferred. If the power is misused, or abused for collateral purposes, and is based on grounds beyond the statute, takes into consideration extraneous or irrelevant materials, it will stand vitiated as being in colourable exercise of power.