NEW DELHI: Observing that preventive detention is a serious invasion of personal liberty and all safeguards allowed under law must be adhered to, the Supreme Court on Friday held that unreasonable delay between getting a proposal and passing an order for detention would make the order invalid.
A bench of CJI U U Lalit and Justices S Ravindra Bhat and J B Pardiwala set aside a preventive detention order passed in Tripura five months after the proposal for it was received.
‘Preventive detention grave invasion of personal liberty’
Setting aside an order of preventive detention passed in Tripura five months after a proposal for the same was sent, the Supreme Court said such “unreasonable delay” snaps the “live and proximate link” between the prejudicial activities and the purpose of detention of a person.
“Preventive detention is a serious invasion of personal liberty and the normal methods open to a person charged with commission of any offence to disprove the charge or to prove his innocence at the trial are not available to the person preventively detained and, therefore, in prevention detention jurisprudence, whatever little safeguards the Constitution and the enactments authorising such detention provide assume utmost importance and must be strictly adhered to,” the bench said.
Referring to various judgements of the apex court, the bench said: “It is manifestly clear from a conspectus of the decisions of this court, that the underlying principle is that if there is unreasonable delay between the date of the order of detention and actual arrest of the detenu and in the same manner from the date of the proposal and passing of the order of detention, such delay, unless satisfactorily explained, throws a considerable doubt on the genuineness of the requisite subjective satisfaction of the detaining authority in passing the detention order and consequently render the detention order bad and invalid because the live and proximate link between the grounds of detention and the purpose of detention is snapped in arresting the detenu.”
A bench of CJI U U Lalit and Justices S Ravindra Bhat and J B Pardiwala set aside a preventive detention order passed in Tripura five months after the proposal for it was received.
‘Preventive detention grave invasion of personal liberty’
Setting aside an order of preventive detention passed in Tripura five months after a proposal for the same was sent, the Supreme Court said such “unreasonable delay” snaps the “live and proximate link” between the prejudicial activities and the purpose of detention of a person.
“Preventive detention is a serious invasion of personal liberty and the normal methods open to a person charged with commission of any offence to disprove the charge or to prove his innocence at the trial are not available to the person preventively detained and, therefore, in prevention detention jurisprudence, whatever little safeguards the Constitution and the enactments authorising such detention provide assume utmost importance and must be strictly adhered to,” the bench said.
Referring to various judgements of the apex court, the bench said: “It is manifestly clear from a conspectus of the decisions of this court, that the underlying principle is that if there is unreasonable delay between the date of the order of detention and actual arrest of the detenu and in the same manner from the date of the proposal and passing of the order of detention, such delay, unless satisfactorily explained, throws a considerable doubt on the genuineness of the requisite subjective satisfaction of the detaining authority in passing the detention order and consequently render the detention order bad and invalid because the live and proximate link between the grounds of detention and the purpose of detention is snapped in arresting the detenu.”
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