Preventive detention based on capricious exercise of powers must be nipped in bud: SC

Observing that preventive detention is a draconian measure and any such move based on a capricious or routine exercise of powers must be nipped in the bud, the Supreme Court has set aside a Telangana High Court order rejecting a detenu's appeal..

"Inability on the part of the state's police machinery to tackle the law-and-order situation should not be an excuse to invoke the jurisdiction of preventive detention," the bench also comprising Justice J B Pardiwala and Justice Manoj Misra said.. "Preventive detention being a draconian measure, any order of detention as a result of a capricious or routine exercise of powers must be nipped in the bud..

The Supreme Court, in its recent order, said the law is well settled that the power under any enactment relating to preventive detention has to be exercised with great care, caution and restraint...

The top court said the grounds for the order should be furnished to the detenu and the decision of the authority must be the natural culmination of the application of mind to the relevant and material facts available on the record.. "While making a detention order, the authority should arrive at a proper satisfaction which should be reflected clearly, and in categorical terms, in the order of detention," the top court said...

"An advisory board setup under preventive detention legislation is required to undertake a proper and thorough scrutiny of an order of detention placed before it, by appreciating all aspects and angles before expressing any definite opinion in its report," the Supreme Court said...

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