Preventive Detention is that one blind spot in liberal democracies (wherever it is authorised) where the executive can still deprive a person of their personal liberty without prior judicial authorisation. It is for this reason that Preventive Detention law is a subject which continues to receive great international attention. In recent years the legal rights of detainees/detenus have been more and more frequently litigated, and significant new approaches have been developed.
This 2 volume digest provides the complete Supreme Court case-law on Preventive Detention since 1950. The subject has been classified based on the various aspects relating to the procedure and the rights of the detainee and arranged chronologically from the formation of the necessary subjective satisfaction till the release of the detainee. The key chronological events in respect of Preventive Detention taken as the main Chapters to arrange the case law are:
Grounds of detention
Communication of grounds of detention
Representation to appropriate authority/Government
Practice and Procedure
Rulings of the Supreme Court on Central and State statutes on Preventive Detention, both past and present, have been provided to make possible a comparative study between the provisions of different statutes. Supreme Court case law on the following important statutes (including many more) deserves to be specially mentioned:
Andhra Pradesh / Karnataka / T.N Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (1 of 1986) / 1985 (12 of 1985) / 1982 (14 of 1982).
Foreign Exchange Management (Export and Import of Currency) Regulations, 2000
Foreign Trade (Development and Regulation) Act, 1992
Gujarat Prevention of Anti-Social Activities Act, 1985 (16 of 1985)
Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug-Offenders Act, 1981 (55 of 1981)
Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988
U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (7 of 1986)
W.B. (Prevention of Violent Activities) Act, 1970 (19 of 1970)
This voluminous work will be of practical assistance to those practicing or studying this area of law and of great interest to Judges, lawyers, human rights activists and researchers.