Preventive detention violation of fundamental right: SC

Authorities can resort to the extreme measure only in exceptional cases after citing relevant reasons,court said.

The Supreme Court today ruled that preventive detention ran counter to the fundamental right to liberty of a citizen and authorities can resort to the extreme measure only in exceptional cases after citing relevant reasons.

A three-judge Bench of justices Markandeya Katju,Gyan Sudha Misra and S S Nijjar said ordinary laws of the country were sufficient to take care of suspected criminals and measures like preventive detention were unacceptable as it involved putting citizens into prison without a proper trial.

“Prevention detention is,by nature,repugnant to democratic ideas and an anathema to the rule of law. No such law exists in the USA and in England (except during war time).

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“Since,however,Article 22(3)(b) of the Constitution of India permits preventive detention,we cannot hold it illegal but we must confine the power of preventive detention within very narrow limits,otherwise we will be taking away the great right to liberty guaranteed by Article 21 of the Constitution of India which was won after long,arduous,historic struggles,” Justice Katju writing the judgement said.

The Bench made the remarks while upholding an appeal filed by Rekha,wife of Ramakrishnan,an accused allegedly involved in sale of expired drugs,challenging the preventive detention of her husband under the Special Goonda and Bootleggers Act by the Tamil Nadu government.

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