In Jaseela Shaji vs Union of India case (2024), the Supreme Court highlighted the rights of detenu (detained person) to make an effective representation against preventive detention.
- Preventive detention means detention of a person without trial.
Highlights of the Judgment
- Detenu has the right to be furnished with the grounds of detention along with the documents relied on for such detention.
- If there is failure or even delay in furnishing those documents, it would amount to denial of the right to make an effective representation under Article 22(5) of the Constitution.
- Article 22(5) mandates that detaining authority must:
- Inform detenu as soon as practicable of grounds on which detention has been made.
- Provide detenu the earliest opportunity of making a representation against detention order.
Preventive Detention
- Article 22(3) allows the authorities to detain individuals for preventive reasons, such as the maintenance of public order or national security.
- The constitution provides for certain safeguards:
- No preventive detention law should authorize the detention beyond three months unless an Advisory Board approves it.
- Grounds for preventive detention shall be communicated earliest.
- Provide earliest opportunity of making a representation.
Laws for preventive detention
|
