Detaining authority must show clear justification: SC

'PREVENTIVE DETENTION DRACONIAN'

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The Supreme Court on Wednesday struck down the preventive detention orders issued against two individuals accused in a drugs case, stating that such orders must demonstrate an independent application of mind by the detaining authority.

The bench of Justices Sanjay Kumar and Augustine George Masih ruled that merely stating satisfaction based on proposals and supporting documents was inadequate and did not fulfill constitutional or statutory requirements.

"Preventive detention is a draconian measure whereby a person who has not been tried and convicted under a penal law can be detained and confined for a determinate period of time so as to curtail that person's anticipated criminal activities," the bench observed while delivering its judgment.

The court overturned the Gauhati High Court's decision that had upheld the detention orders against Ashraf Hussain Choudhary and his wife, Adaliu Chawang. They were detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1988. The Supreme Court found fault with what it termed "cryptic orders" issued by the detaining authority without proper scrutiny of the case.