Supreme Court: A Person cannot be detained under NSA without Valid
Reasons
The Supreme Court of India in the first week of January
2012 ruled that a person cannot be detained under the preventive detention law
like National Security Act (NSA) without justifiable reasons. If it happens, it
would impinge upon the individuals Constitutional right of personal liberty.
The apex court observed that the State authorities have been granted the power
to curb such rights under criminal laws as also under the laws of preventive
detention. These laws are required to be exercised with due caution as well as
upon a proper appreciation of the facts as to whether such acts are in any way
prejudicial to the interest and the security of the State and its citizens, or
seek to disturb public law and order, warranting the issuance of such an order.
Important Information
Article 21 in the
Constitution of India states
that no person shall be deprived of his life or personal liberty except
according to procedure established by law.
Article 22 in the
Constitution of India has
provision for protection against arrest and detention in certain cases. This
article consists of two parts. Clauses(1) and (2) apply to persons arrested or detained
under a law otherwise than a preventive detention law while clauses
(4) to (7) apply to
persons arrested or detained under a preventive detention law.
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