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- The Supreme Court Said The Practice Of Taking Detention Imprisonment By Arbitrary Use Of Termination Rights Should End
New Delhi6 hours ago
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The Supreme Court said that the practice of preventive detention should be ended immediately, because it is an arbitrary use of powers. The Supreme Court said this while setting aside the order of the Telangana High Court rejecting a prisoner’s appeal.
CJI DY Chandrachud’s bench said on Thursday (21 March) that the concept of preventive detention was to keep an accused in custody so that he can be prevented from committing a crime.
Justice Pardiwala and Justice Manoj Mishra said that the failure of the police to deal with the law and order situation should not be an excuse for imposing preventive detention.
Challenging the Telangana High Court decision in the Supreme Court
The petitioner was arrested under the Prevention of Dangerous Activities Act 1986 on the orders of the Rachakonda Police Commissioner in Telangana on 12 September 2023. Four days later, the Telangana HC had dismissed the petition questioning the detention order.
This person named Nenavath Bujji was detained by the Telangana Police on the charge of chain abduction. He was accused of breaking law and order in the area.
The court said the advisory board should work carefully
The Supreme Court said that it is clearly written in the law that powers under any action relating to preventive detention should be used very carefully. If the Advisory Board’s report says that there is no sufficient cause for keeping the person in custody, he should be released.
Having only 2 FIRs for a crime like theft and being declared a goon under the law cannot be a basis for his detention.
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