Magistrate, Jabalpur v. Shukla (Habeas Corpus Case) that an order of preventive detention could not be challenged even if it violated the parent ... relating to preventive detention). The 44th Amendment, 1978, has provided that Article 21, relating to personal liberty cannot be suspended even during an emergency
person who is arrested or detained under any law providing for preventive detention. (4) No law providing for preventive detention shall authorise the detention ... pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate
habeas corpus directing his
release from detention, contending that : (i) though an
order of detention to prevent acts prejudicial to public
order may be justifiable ... order directs
detention for such purpose. It is admitted that the rule
provides for an order of detention being made to prevent act
prejudicial
corpus against the detention of
the appellant in the Madras jail in pursuance of an order of
detention made under the Preventive Detention ... detention order and continue the
detention of the person concerned for' such period as it
thinks fit.
12. Duration of detention in certain cases
Constitution of India
India
Constitution of India
CONTITUENTASSEMBLY 00 of 1950
Published in Gazette 00
detention under the impugned detention order. They
however observed that if and when the petitioner was served
a copy of the detention order and placed ... view to preventing him from
acting in any manner prejudicial to the maintenance of
public order. The power of preventive detention by the
District Magistrate
when interpreting Article 21. Article 22 envisages the law of preventive detention. So does Article 246 read with Schedule Seven, List I, Entry ... List III, Entry 3. Therefore, when the subject of preventive detention is specifically dealt with in the Chapter on Fundamental Rights I do not think
from a non-application of mind. The basis on
which the preventive detention of the detenu has been invoked is that the
detenu has cheated ... preventive
detention is that the detention of a person is not to punish him
for something he has done but to prevent him from doing
construction than what the
literal words suggest. While construing laws of preventive
detention like the National Security Act , care must be taken
to restrict their ... Maneka Gandhi,
[1978]2 SCR 621, explained.
Laws of preventive detention cannot, by the back-door,
introduce procedural measures of a punitive kind. Detention
without
prosecuted but
only detained preventively or C may be prosecuted and also
detained preventively.
The essential concept of preventive detention is that the
detention ... Court of Law.
The power of preventive detention is qualitatively different
from punitive detention. The power of preventive detention
is a precautionary power exercised
