6.12.4. Court Judgments

♤ In case of arrest of Anna Hazare in 2011, SC held that preventive detention law can be invoked only if there is "imminent danger to peace" and a person sought to be arrested is likely to commit a cognisable offence. Otherwise it would violate the victim's fundamental right.

♤ In another judgment, SC held that rhetorical incantation of word “goonda” or “prejudicial to maintenance of public order” cannot be sufficient justification to invoke the draconian powers of preventive detention. It quashed preventive detention of a man who was accused of selling spurious chilli seeds to farmers. It observed that when sufficient remedies for offence were available under ordinary laws, preventive detention must not be invoked. It cannot be an alternative to normal legal process. Order of preventive detention affects the life and liberty of citizen under Articles 14, 19, 21 and 22 and hence should be used cautiously. It came down heavily on the practice of states to use preventive detention laws to avoid efforts in investigation and prosecution.