there is no necessity to invoke the provisions of the preventive detention.
5.The Learned Senior Counsel for the Petitioner submits that in para ... ground of detention, the Detaining Authority, while passing the order of preventive detention, has relied upon only the ground case registered under Section
gruesome, but whether it
warrants of a preventive detention when the common law of the land is sufficient
to deal with the situation ... however, Article 22(3)(b) of the Constitution
of India permits preventive detention, we cannot hold it illegal but we must
confine the power
trial are not available to the person preventively detained and therefore in preventive detention jurisprudence whatever little safeguards the Constitution and the enactment authorising such ... detention order along with the grounds of detention. The MOU and the agreement which have been incorporated in the grounds of detention and which have
passport of the detenu will not be enough as the preventive detention order has been passed so as to prevent him from abetting the smuggling ... observed that, if that be the position, the order of preventive detention could have been passed under Section 3(1)(ii) of COFEPOSA
Detaining Authority along with grounds of detention vitiates the detention order as the detenus were prevented from making effective representation and the same amounts ... concerned, the detention order was passed on 28.1.2012 and the order of detention and grounds of detention were served on him on 30.1.2012. The booklet
Learned Public Prosecutor submitted that the object of the law of preventive detention is to protect the society at large and the court must ... learned Public Prosecutor submitted that the object of the law of preventive detention is not punitive but only preventive. It is resorted to when
placement of a person in a special camp would amount to preventive detention. In view of the conflict between Kalavathy and Yogeswari, the question ... whether the placement in a special camp would amount to preventive detention was referred to a Full Bench in Sree Latha vs. The Secretary
detention order on 12.03.2012. The order of detention was served on him on 12.03.2012 itself. It is not in dispute that the grounds of 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
accepted. The preventive detention is basically
preventive in nature and not punitive. As such, preventive detention has got a
constitutional guarantee. But, before passing ... order of preventive detention,
thereby, curtailing the fundamental rights of the detenu, the procedural
safeguards contemplated should be scrupulously adhered to by the detaining
authority
detention on the petitioner.
3. The detention order has been challenged on various grounds. Today, an additional ground has been raised assailing the detention order ... human right. Curtailment of his personal freedom in pursuance of a preventive detention law though has the constitutional sanction (see Article
