Lawstreet Journal

'A Jurisdiction of Suspicion': Kerala High Court Lays Down Safeguards Under Preventive Detention Laws [READ JUDGMENT]

Lawstreet Journal 29 Apr 2021 1:49am

Image courtesy: Lawstreet Journal Judiciary 'A Jurisdiction of Suspicion': Kerala High Court Lays Down Safeguards Under Preventive Detention Laws [READ JUDGMENT]

Recently, the  Kerala high court prescribed some safeguards against an arbitrary and inappropriate attack of personal liberty in cases of preventive detention. 

These safeguards are prescribed by the Divison bench of Kerala high court comprising Justice AK Jayasankaran Nambiar and Gopinath P.

The bench explained these safeguards against preventive detention laws given in the constitution when they were confronted with three habeas corpus petitions challenging the detentions under conservation of foreign exchange and prevention of smuggling activities act (COFEPOSA), 1974.

Explaining how the high court explained the procedure of safeguards against preventive detention in case of habeas corpus petition, the Bench stated, "That the detaining authority need to put all materials facts before the court to show that detention is legal and confront with all provisions considered while making such a detention.”

It further laid down certain guidelines as follows:

Explanation on clause 4 to 7 of article 22, safeguarding against preventive detention law’s jurisdiction of suspicion:

At the beginning of the judgment, the court stated that the constitution has the power of preventive detention under article 22 of the Indian constitution. But clauses 4 to 7 of article 22 deals with safeguards against the arbitrary and inappropriate attack of personal liberty. 

Therefore, court read clause 4 which says that under preventive law maximum period for detention is 3 months and this period can only be extended after the advisory board finds a sufficient reason for its extension.

Communication of grounds of detention to detenu - “barest minimum safeguard”:

According to clause 5 of article 22, grounds of detention… Continue Reading...

Tagged: kerala high court  
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