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Preventive detention 'draconian' measure, needs safeguards: SC

Hindustan Times Haryana

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March 06, 2025

The Supreme Court on Wednesday underscored the necessity of strict adherence to constitutional and statutory safeguards in cases of preventive detention, pointing out that such a "draconian measure" cannot override fundamental rights without strict adherence to procedural protections.

- Utkarsh Anand

NEW DELHI:

"Needless to state, as preventive detention deprives a person of his/her individual liberties by detaining him/her for a length of time without being tried and convicted of a criminal offence, the prescribed safeguards must be strictly observed to ensure due compliance with constitutional and statutory norms and requirements," stressed a bench of justices Sanjay Kumar and AG Masih.

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