'Preventive Detention Law Can't Be Invoked At The 'Drop Of A Hat'; Some Police Officers Curbing Liberty' : Supreme Court Slams Telangana Police thumbnail
'Preventive Detention Law Can't Be Invoked At The 'Drop Of A Hat'; Some Police Officers Curbing Liberty' : Supreme Court Slams Telangana Police
www.livelaw.in
“It requires no serious debate that preventive detention, conceived as an extraordinary measure by the framers of our Constitution, has been rendered ordinary with its reckless invocation over the years as if it were available for use even in the ordinary course of proceedings. To unchain the shackl
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  • “It requires no serious debate that preventive detention, conceived as an extraordinary measure by the framers of our Constitution, has been rendered ordinary with its reckless invocation over the years as if it were available for use even in the ordinary course of proceedings. To unchain the shackles of preventive detention, it is important that t...
  • The legality of the order is to be tested based on whether:
  • police officers of the said state who are enjoined with the duty to prevent crimes and are equally responsible for protecting the rights of citizens as well, seem to be oblivious of the Fundamental Rights guaranteed by the Constitution and are curbing the liberty and freedom of the people.
  • for an act to qualify as a disturbance to ‘public order’, the activity must impact the general public and evoked feelings of fear, panic, or insecurity. “Stray acts affecting private individuals and the repetition of similar such acts would not tend to affect the even flow of public life.”

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