Supreme Court Calls for End to Arbitrary Preventive Detention

By Lokmat English Desk | Published: March 24, 2024 09:39 AM2024-03-24T09:39:51+5:302024-03-24T09:41:43+5:30

Supreme Court of India has made a landmark decision regarding the use of preventive arrests, stating that it should ...

Supreme Court Calls for End to Arbitrary Preventive Detention | Supreme Court Calls for End to Arbitrary Preventive Detention

Supreme Court Calls for End to Arbitrary Preventive Detention

Supreme Court of India has made a landmark decision regarding the use of preventive arrests, stating that it should be employed sparingly and not arbitrarily. SC stated that arrests should only happen when someone has actually committed a crime, and they should be careful about when they decide to make arrests.  The bench, led by Chief Justice D. Y. Chandrachud, along with Justices J. B. Pardiwala and Manoj Mishra, emphasized that arrests should only occur when the accused hasn't committed a crime yet and to prevent them from doing so. They said it's a serious step and shouldn't be used lightly. In a specific case, someone was arrested under the Telangana Prevention of Dangerous Activities Act of 1986 last year by the Rachakonda police commissioner in Telangana. But the Telangana High Court rejected their appeal against the detention order just four days later.

The Supreme Court explained that preventive detention should be done carefully and not just because someone is accused of a crime. They said that while allegations of robbery might cause problems with law and order, it doesn't necessarily mean it's a threat to public order. They also talked about the importance of giving reasons for detention and ensuring the decision is well-thought-out. They said there should be a panel of qualified people to review detention orders properly.

In the end, the Supreme Court overturned the high court's decision and canceled the detention order.

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