SC Issues Notice To Telangana Govt On Petition Challenging Preventive Detention Of Accused Released On Bail By Police

Background

• Five FIRs were registered against the petitioner’s husband accusing him of duping five persons.
• He was released on bail in all the five cases but he was not released and rather was held in preventive detention by charging him under the provisions of Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders Act, 1986.
• A petition was filed before the Supreme Court challenging the preventive detention.

Petitioner’s Plea

• The use of preventive detention should be very restrictive and not used without any imminent danger of crime.
• The authorities concerned used Section 3 of the Act to put the petitioner under preventive detention even when he was released on bail by the Court.
• The Right to Life and Liberty granted under Article 21 of the Constitution of India to the detenu has been violated in the instance as the bail was granted only after proper examination of all the evidences and gravity of the offence committed.

Court’s Observation

• The Court issued notice to the Government to respond within a week on the case.
• The Court expressed the law to be draconian and against the liberty of persons.
• The validity of the law has not been challenged which came as a surprise to the Court.
• The grant of bail has no meaning if the police authorities have such power to invoke the provisions of the Act.

What do you think of the Act? Do you think the power given to the police authorities is excessive? Tell us in the comments below!