Observing that preventive detention is a draconian measure and any such transfer based mostly on a capricious or routine train of powers have to be nipped within the bud, the Supreme Court docket has put aside a Telangana Excessive Court docket order rejecting a detenu’s enchantment.
A bench headed by Chief Justice of India D Y Chandrachud Thursday mentioned the important idea of preventive detention is that the detention of an individual is to not punish him for one thing he has finished however to stop him from doing it. “Incapacity on the a part of the state’s police equipment to sort out the law-and-order state of affairs shouldn’t be an excuse to invoke the jurisdiction of preventive detention,” the bench, additionally comprising Justice J B Pardiwala and Justice Manoj Misra, mentioned.
The appellant was arrested underneath the Telangana Prevention of Harmful Actions Act of 1986 on the order of the Rachakonda police commissioner on September 12 final yr. 4 days later, the Telangana Excessive Court docket rejected the person’s petition.
The SC mentioned preventive detention needs to be exercised with nice care, warning and restraint.
“We’re of the view that mere registration of the 2 FIRs for the alleged offences of theft and so forth. couldn’t have been made the premise to invoke the provisions of the Act 1986 for the aim of preventively detaining the appellant herein on the idea that he’s a ‘GOONDA’ as outlined underneath Part 2(g) of the Act,” it mentioned.