Preventive Detention (PD) orders passed mechanically must be nipped in the bud by Advisory Board (AB): Supreme Court (SC) | Current Affairs | Vision IAS
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    Preventive Detention (PD) orders passed mechanically must be nipped in the bud by Advisory Board (AB): Supreme Court (SC)

    Posted 27 Mar 2024

    Updated 30 Mar 2024

    2 min read

    • SC in Nenavath Bujji etc vs State of Telangana and ors  said that AB must play active role in ascertaining whether the detention is justified under the law or not.

     

    • About AB
      • Article 22(4): Any law pertaining to PD must provide for constitution of an AB
      • It comprises any persons who have been or qualified to be appointed as judges of High Court. 
      • Parliament can lay down procedures to be followed by an AB during an inquiry.
      • The detention of a person cannot exceed 3 months unless an AB reports sufficient cause for extended detention.

     

    • Preventive detention (PD) means detention of a person without trial and conviction by a court, on a mere reasonable apprehension of him doing an activity dangerous to public order.
      • Parliament has exclusive authority to make a law of PD on defence, foreign affairs and security of India.
      • Both Parliament and state legislatures, can concurrently make a law for reasons connected with Security of a state, Maintenance of public order, etc.
      • National Security Act 1980,  Unlawful Activities (Prevention) Amendment Act, 2019 provide for PD.

     

    • SC judgments on PDs:
      • AK Gopalan vs State of Madras (1950): SC upheld constitutional validity of PD Act of 1950.
      • Khudiram Das v. State of W.B., (1975): SC observed that power of detention is clearly a preventive measure. It does not partake in any manner of the nature of punishment.
    • Tags :
    • Preventive Detention
    • Article 22
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