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Preveventive Detention Laws In J&K Preveventive Detention Laws In J&K
Preveventive Detention Laws In J&K
by B.R.Gupta
Edition: 2010
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Format: Paperback
Pages: 360 pages
Publisher: Jay Kay Law Reporter
Language: english
Shipping Weight: 1.000(Kg)
Date Added: 2012-09-18
Search Category: Lawbooks
Jurisdiction: Indian

Preventive detention is an exception to the general law providing protection against arrest and deprivation of personal liberty. The object of preventive detention is not to punish a man for having done something but to intercept him before he does it and to prevent him from doing it. Our Constitution itself makes a provision as regards the law of preventive detention under Article 22 and the object of providing the preventive detention in the Constitution is intended to prevent an abuse of freedom of anti-social and subversive elements which might imperil the national welfare of republic.

The practical need and reality of laws of prevention detention find concrete recognition in the provisions of Article 22 of the Constitution. Laws providing for preventive detention are expressly dealt with by that Article and their scope appropriately defined. The established Courts of justice, when a question arises whether the prescribed limits have been exceeded, must of necessity determine that question; and the only way in which they can properly do so, is by looking to the terms of the instrument by which, affirmatively, the legislative powers were created, and by which, negatively, they are restricted. So far as State of Jammu and Kashmir is concerned the State legislature is competent to enact preventive detention laws. The reason being that by virtue of Article 370 of the Constitution of India various provisions of the Indian Constitution apply in relation to J&K State subject to such exceptions and modifications as the President may specify. The President of India has issued The Constitution (Application to Jammu and Kashmir) Order 1954 and has thereby extended various provisions of the Constitution of India to the State. Entry 9 of the Union list and Entry 3 of the concurrent list under which Preventive detention laws can be made by the Parliament do not apply to the State of J&K. The residuary powers also lie with the State Legislature.

The book on the subject is an attempt to present the law relating to Preventive Detention in a simple and coherent manner. Efforts have been made to project the provisions of the Act in a systematic way with synopsis so as to make it easy for the readers to locate the point in issue supported by latest case law on the subject. To make this book more useful update case law of the Supreme Court of India and the High Courts especially J&K High Court has been incorporated in the book. Various enactments which also provides for preventive detention; guide lines with Performas of the detention material have been made appendix to the book.

I am sure that this book will prove useful not only to the Honble members of the Bar and Bench but also to the Police, other functionaries of the State dealing with such matters and the public at large. I am highly indebted to Honble Mr. Justice Mohammad Yaqoob Mir, Judge of J&K High Court for writing Foreword for this book despite of his busy schedule. I am also thankful to S/Sh. S.C.Sharma Advocate and Rohit Gupta, Senior Prosecuting Officer (VOJ) for extending their valuable help to complete this book.

B.R.Gupta, Advocate

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