The Supreme Court reiterated the rights of detenu (detained person) in preventive detention cases.
What are the Key Highlights of the Judgment?
- Right to Information: The detenu must be furnished with the grounds of detention and the documents relied upon for such detention.
- Effective Representation: If there is a delay or failure in providing these documents, it constitutes a denial of the detenu’s right to make an effective representation under Article 22(5) of the Constitution.
- Article 22(5) Requirements: The detaining authority must:
- Inform the detenu as soon as practicable of the grounds for detention.
- Provide the detenu with the earliest opportunity to make a representation against the detention order.
- Case Reference: In the Jaseela Shaji vs Union of India case (2024), the Supreme Court quashed the detention of an individual under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974.
- The court found that key documents, such as statements of a vital witness, were not supplied to the detenu, which violated their right to an effective defence.
What is Preventive Detention?
- Preventive detention is the detention of a person without trial.
- It is used as a precautionary measure to prevent an individual from acting in a manner that could endanger public order or national security.
Constitutional Provisions:
- Article 22(3) of the Indian Constitution allows authorities to detain individuals for preventive reasons but with certain safeguards:
- Detention beyond three months is not allowed unless an Advisory Board approves it.
- Grounds for preventive detention must be communicated to the detenu as soon as possible.
- The detenu must be given the earliest opportunity to make a representation against the detention order.
Which Laws are there for Preventive Detention?
- National Security Act, 1980
- Unlawful Activities (Prevention) Amendment Act, 1967
- Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974
- Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act (PBMSECA), 1980
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Frequently Asked Question:
What rights must be provided to a detenu?
The detenu must be given the grounds of detention and relevant documents to ensure an effective representation.
Which constitutional article addresses preventive detention?
Article 22(5) of the Indian Constitution outlines the requirements and safeguards for preventive detention.
What is the maximum duration for preventive detention without an advisory board’s approval?
Preventive detention beyond three months requires approval from an Advisory Board.
What is Article 22(5) of the Indian Constitution about?
Article 22(5) mandates informing the detenu of the detention grounds and providing the earliest opportunity for representation.