India and therefore is void at least so far as preventive detention is concerned and such being the case on and after ... territory of India, because, when once his liberty is curtailed by preventive detention, he cannot move freely throughout the country. How far Clause (5) validates
detenu could not have been put into preventive custody. Therefore, though the order of preventive detention when it was passed was not invalid ... well settled that in all detention laws, the orders of detention and its continuance of detention should be in conformity with Article
petitioners in pursuance thereto in the Special Camp
amount to 'preventive detention'. The further common ground is that the
constitutional safeguards available ... detention
have not at all been followed while passing the order of detention and even
thereafter. For example, no grounds are stated in the detention
right to
make arrangements for preventing any evasion or breach of the order and the
Preventive Detention Act confers the power to use the means ... Preventive Detention Act,
1950 was enacted. It was more convenient to insert new provisions about the
confinement and detention of foreigners in the Preventive Detention
many
decisions.
9.The object of detention and the detention laws, is not to punish,
but, to prevent commission of certain offences. If the detaining ... similar prejudicial
activity unless he is prevented from doing so by an appropriate order of
preventive detention.?
34.In Kamarunnissa 's case (cited supra
detention.
(2) Whether the confessional statement made by the detenu to the police officer is admissible in cases of detention under a Preventive Detention ... asking for time for making a representation. He is already under preventive detention. It is the duty of the Advisory Board to give him sufficient
prevent and put down disorders involving menace to the peace and tranquillity of the Province, it is necessary to provide for preventive detention, imposition ... process being somewhat euphemistically called "preventive justice" or "preventive detention", this Court ought to insist that the executive exercises its powers
however, Article 22(3)(b) of the Constitution of India permits preventive detention, we cannot hold it illegal but we must confine the power ... nature of a preventive action or a precautionary measure. The primary object of the preventive detention is not to punish the person for having done
information about the passing of the order of detention and the place of detention thereby preventing them from having any access and from rendering ... have already seen the power of preventive detention is qualitatively different from punitive detention. The power of preventive detention is precautionary power exercise reasonably
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
