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SUPREME COURT: POWERS UNDER PREVENTIVE DETENTION LAW 'EXCEPTIONAL', CANNOT BE EXERCISED IN A ROUTINE MANNER

Team SoOLEGAL 28 Jun 2022 11:25am

SUPREME COURT: POWERS UNDER PREVENTIVE DETENTION LAW 'EXCEPTIONAL', CANNOT BE EXERCISED IN A ROUTINE MANNER

New Delhi: The Supreme Court stated that the powers given under the preventive detention law are "extraordinary" and cannot be used regularly because they intrude on an individual's independence and freedom.

Even though the detainees were involved in more than 30 cases, only four chain snatchings were deemed sufficient grounds for detention, according to the bench of Justices C.T. Ravikumar and Sudhanshu Dhulia, as the other cases were reportedly outside the Commissionerate's jurisdiction and behind the proximity period.

The offences in these four cases, according to SC, are said to have been committed between May 6 and July 26 of last year, and the magistrate in each of these cases granted bail to both detainees.

"The powers to be exercised under the preventive detention law are exceptional powers which have been given to the government for its exercise in an exceptional situation as it strikes hard on an individual's freedom and liberty, and thus cannot be exercised routinely," the bench stated.

The Supreme Court issued the orders on June 22 in response to two separate petitions filed by the detainees' wives.

In its decision, the Supreme Court noted that one of the reasons given by the authorities to justify the use of detention law provisions was that the detainees had been granted bail in all four cases and were likely to commit a similar offence.

"The reason why bail was granted in all four cases, however, has not been given," the Supreme Court stated. Bail was granted in all four cases due to the prosecution's inability to complete its investigation on time. Bail was required because the police did not file the charge sheet in all of the cases within the required 60-day period. Thus, the prosecution is to blame.

In this case, the Supreme Court ruled that invoking the preventive detention provision against the two individuals was not appropriate.

The bench noted that the detention order stated that crimes were committed in broad daylight, instilling fear and panic in the minds of the public, particularly women and that the government was required to intervene to maintain public order.

While allowing the appeals, the bench overturned both the detention order and the high court order, stating that the detainees would be immediately released if they were not required in any other case.



Tagged: Preventive Detection Law   Supreme Court  
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