The Supreme Court has said that a person cannot be detained under the preventive detention law like the National Security Act (NSA) without justifiable reasons as otherwise it would impinge upon the individual’s Constitutional Right to Personal Liberty.
The apex court said that the State Government has been granted the power to curb such rights under criminal laws as also under the laws of preventive detention, which, therefore, are required to be exercised with due caution as well as upon a proper appreciation of the facts as to whether such acts are in any way prejudicial to the interest and the security of the State and its citizens, or seek to disturb public law and order, warranting the issuance of such an order.
A three-judge bench of justices Altamas Kabir, S S Nijjar and J Chelameshwar passed the ruling while quashing the detention under NSA of a person who is an alleged member of Manipur's banned organisation.
The detenue's wife had appealed in the apex court against the detention.
