Police Reforms – SC directives, NPC, other committees reports

Preventive Detention is a ‘Draconian’ measure: SC

Prelims Only | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Preventive Detention

Why in the News?

The Supreme Court recently ruled against the Preventive Detention of a couple in Nagaland, emphasizing that constitutional safeguards must be strictly followed, and preventive detention cannot override fundamental rights.

Court’s Key Observations: Preventive Detention as a ‘Draconian Measure’

  • Violation of Rights: The court ruled that depriving individuals of liberty without trial requires strict adherence to legal safeguards.
  • Lack of Justification: Authorities failed to prove that the detainees posed a credible future threat, rendering the detention unjustified.
  • Language Barrier: Detention orders were in English, a language the detainees did not understand, violating their right to be informed in an accessible manner.

What is Preventive Detention?

  • Preventive detention is the detention of an individual without trial to prevent them from engaging in activities that may threaten national security, public order, or foreign relations.
  • Unlike punitive detention, it aims to prevent future crimes rather than punish past offenses.
  • Under Article 22 of the Constitution, preventive detention is allowed but with safeguards:
    • Time Limit: Maximum three months, extendable only if an Advisory Board (comprising High Court judges) approves.
    • Rights of the Detainee: Must be informed of reasons for detention (unless against public interest) and given the right to challenge it.
    • Judicial Review: Courts can strike down unjustified detentions.
  • Major Preventive Detention Laws:
    • Public Safety Act (PSA), 1978: Used in J&K; detention up to two years.
    • National Security Act (NSA), 1980: Up to one year for threats to national security.
    • Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS Act), 1988: For drug trafficking cases.
    • Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974: For economic offenses & smuggling.

Supreme Court’s Landmark Rulings

  • Ameena Begum Case (2023): Preventive detention is an exception, not a routine measure.
  • Ankul Chandra Pradhan Case (1997): It aims to prevent threats, not punish individuals.
  • Harikisan vs Maharashtra (1962): Detention orders must be in a language the detainee understands.
  • Gold Smuggling Case (2024): Authorities must consider bail conditions before imposing detention.

PYQ:

[2021] With reference to India, consider the following statements:

  1. Judicial custody means an accused is in the custody of the concerned magistrate and such an accused is locked up in a police station, not in jail.
  2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

 

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