“Supreme Court Quashes Detention Order, Declares ‘Detention Being a Restriction on the Invaluable Right to Personal Liberty’ Must Reflect in Orders”

In a landmark judgment that could reshape the legal landscape surrounding preventive detention in India, the Supreme Court today quashed a detention order, emphasizing the sanctity of personal liberty and the need for meticulous procedural compliance. The Court stated, “Detention being a restriction on the invaluable right to personal liberty of an individual... ought to bear some reflection in the order of detention.”

The judgment, delivered by a bench comprising Justices Surya Kant and Dipankar Datta, came in an appeal against a High Court order that upheld a preventive detention. The case scrutinized the constitutional and legal framework of preventive detention, specifically under the Act concerned with the case.

The Court highlighted multiple key areas, including the need for strict compliance with procedural safeguards. “The objective sought to be fulfilled in each case, whether it is sub-served by continuing detention for the maximum period, ought to bear some reflection in the order of detention,” the judgment read.

The Court also made a crucial distinction between ‘public order’ and ‘law and order,’ stating that preventive detention could only be invoked for activities affecting public order. The judgment found that the evidence presented by the detaining authority was insufficient to establish a threat to public order.

One of the most significant observations was the Court’s critique of the routine extension of detention orders to the maximum permissible period. “Having observed the uncanny consistency of authorities continuing detention orders... without the barest of application of mind, we think that it is time to say a few words,” the judgment stated.

The Court emphasized the role of the Advisory Board in preventive detention laws, describing it as a safeguard against abuse of power. It noted that the detaining authority should specify the duration of detention rather than routinely extending it to the maximum permissible period.

The detenu, whose detention order was quashed, is to be released forthwith, as per the Court’s directive.

Date of Decision: 04 September 2023

AMEENA BEGUM  vs THE STATE OF TELANGANA & ORS.

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