New Delhi. The Supreme Court has said that preventive detention is a draconian measure and any such step based on ‘arbitrary or routine exercise’ of powers should be discouraged at the very beginning. The top court made this comment while canceling the order of Telangana High Court rejecting the appeal of a prisoner.
Chief Justice D.Y. Chandrachud and Justice J.B. A bench of Justices Pardiwala and Manoj Mishra said on Thursday that the essential concept of preventive detention is that the detention of a person is not to punish him for something he has done, but to prevent him from doing so.
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The bench said, ‘Preventive detention is a draconian measure, any order of detention resulting from arbitrary or routine exercise of powers should be discouraged at the very beginning.’
The petitioner was arrested under the Telangana Dangerous Activities Prevention Act, 1986 on the orders of Rachakonda Police Commissioner in Telangana on September 12 last year. Four days later, the Telangana High Court dismissed the accused person’s petition challenging it.
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Tags: DY Chandrachud, Supreme Court, Telangana High Court
FIRST PUBLISHED: March 23, 2024, 23:50 IST