Preventive detention law a colonial legacy, must be used in rarest cases: SC
The Supreme Court observed that preventive detention laws in India are a colonial legacy and have great potential for abuse and misuse, reported LiveLaw.
The Court emphasized that laws conferring arbitrary powers to the state must be critically examined and used only in the rarest of rare cases.
A Bench of Justice Krishna Murari and Justice V. Ramasubramanian said that, “Every procedural rigidity, must be followed in entirety by the Government in cases of preventive detention, and every lapse in procedure must give rise to a benefit to the case of the detenue. The Courts, in circumstances of preventive detention, are conferred with the duty that has been given the utmost importance by the Constitution, which is the protection of individual and civil liberties.”
Brief Facts
In N...