New Delhi, In a landmark decision, the Indian Supreme Court has criticized the application of preventive detention laws, labeling them as overly draconian and emphasizing the need for rigorous scrutiny by Advisory Boards.
According to Kashmir Media Service, the judgment arose from a case involving a preventive detention order issued by Telangana Police, accused of employing the law in a manner that lacked careful individual assessment. The Court highlighted the necessity for Advisory Boards under Preventive Detention Laws to thoroughly evaluate the justification for each detention order, emphasizing that their decisions should reflect a comprehensive consideration of legal standards and the broader implications for personal liberty.
The Supreme Court’s Bench, including CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra, articulated concerns over the routine and unexamined use of preventive detention powers. They asserted that such measures should only be validated when they align with both the detaining authority’s perspective and legal principles, ensuring that detention is genuinely warranted under the law.
This pronouncement was specifically linked to an individual’s case where the accused was detained for activities deemed disruptive to public order. The Court concluded that the evidence did not substantiate a significant threat to public order justifying preventive detention. It also highlighted a lack of due diligence by the Advisory Board in reviewing the detention order, which it found to be issued in a perfunctory manner.
By addressing these issues, the Supreme Court has signaled a crucial reevaluation of preventive detention practices, advocating for a balance between national security interests and the protection of individual rights.