Preventive Detention | 07 Mar 2025

Source: HT 

Why in News? 

The Supreme Court (SC) of India, in Mortuza Hussain Choudhury vs State of Nagaland, 2025, reaffirmed that preventive detention is a draconian measure (severe) requiring strict adherence to constitutional and statutory safeguards.  

  • The ruling struck down Nagaland’s detention orders for lacking proper justification and violating legal principles. 

What is the SC Ruling Regarding Preventive Detention? 

  • Case: Two individuals were preventively detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act) after a drug seizure, based on police allegations of resumed trafficking if released, but without separate grounds.
  • SC Judgment: The Supreme Court ruled that the detention orders violated Section 6 of the PITNDPS Act by lacking separate, specific grounds.  
    • The SC noted that detainees, who did not understand English, were orally informed in Nagamese, but ruled this insufficient, citing the Harikisan vs. State of Maharashtra (1962) Constitution Bench ruling, which held that mere oral communication of detention grounds is inadequate. 
    • The court stressed that preventive detention affects fundamental rights and must strictly comply with statutory norms. Consequently, the court quashed the detention orders. 

What is Preventive Detention? 

  • About: It refers to detaining an individual without trial to prevent anticipated unlawful activities. 
    • Unlike punitive detention, which follows due process and conviction, preventive detention curtails individual liberty based on suspicion. 
  • Constitutional Provisions: The protection against arrest and detention under Articles 22(1) and 22(2) does not apply to individuals detained under preventive detention laws, as stated in Article 22(3). 
    • A person can be detained without trial for up to three months unless extended by an Advisory Board (consisting of persons qualified to be High Court judges).  
    • The detainee must be informed of the reasons for their detention unless it harms public interest. They have the right to legal representation, although this right can be restricted in certain cases. 
  • Key Laws Related to Preventive Detention: 
    • National Security Act, 1980: Allows detention to prevent threats to national security and public order. 
    • Unlawful Activities (Prevention) Act, 1967: Prevents activities threatening India's sovereignty, security, and integrity. 
    • Public Safety Act, 1978: Used in Jammu & Kashmir for preventive detention on grounds of public order and security. 
  • Judicial Precedents: In Ameena Begum vs The State Of Telangana (2023), the SC ruled that preventive detention is an exceptional measure and must not be used arbitrarily. 
    • In the Jaseela Shaji vs the Union of India case (2024), the Supreme Court ruled that detainees must be ensured a fair opportunity to challenge their detention.