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SUPREME COURT: POWERS UNDER PREVENTIVE DETENTION ARE EXCEPTIONAL POWERS GRANTED TO THE GOVERNMENT FOR USE IN AN EXCEPTIONAL SCENARIO

Team SoOLEGAL 6 Jul 2022 3:14pm

SUPREME COURT: POWERS UNDER PREVENTIVE DETENTION ARE EXCEPTIONAL POWERS GRANTED TO THE GOVERNMENT FOR USE IN AN EXCEPTIONAL SCENARIO

New Delhi: In order to maintain regular law and order, the Supreme Court ruled that preventative detention could not be used. According to the court, the state's "exceptional power" that affects an individual's personal liberty must be used sparingly.

The Vacation Bench presided over by Justice C.T. Ravikumar, was hearing an appeal filed by a chain-snatcher who had been held in preventive detention as his actions had caused fear and terror among women. Over 30 charges of chain snatching were filed against the individual, but only four were pursued.

The Court stated that the powers granted to the government under the preventive detention law are exceptional powers granted to the government for use in exceptional circumstances because they impinge on an individual's rights and liberty and thus cannot be used routinely.

The court distinguished between scenarios of law and order and public disorder. It stated that in the latter case, preventive detention may be used, but never in the former.

The court explained, “Every breach of the peace does not lead to public disorder. When two drunks quarrel and fight there is disorder but not public disorder. They can be dealt with under the powers to maintain law and order but cannot be detained on the grounds that they were disturbing public order. Suppose that the two fighters were of rival communities and one of them tried to raise communal passions. The problem is still one of law and order but it raises the apprehension of public disorder.”





Tagged: Preventive Detection   Supreme Court  
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