The Supreme Court (SC) on Monday, September 4, criticised the Telangana police for curbing the liberty of citizens while using the preventive detention law. A bench comprising Justices Surya Kant and Dipankar Datta remarked that the law wasn’t to be employed “at the drop of a hat”.
The observation was made in Ameena Begum vs State of Telangana, while quashing a detention order passed against the husband of the appellant. The appellant had earlier this year, filed a writ of habeas corpus with the Telangana High Court, and as the petition was denied, she approached the SC.
"While the nation celebrates Azadi Ka Amrit Mahotsav to commemorate 75 years of independence from foreign rule, some 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. The sooner this trend is put to an end, the better," the SC observed.
“To unchain the shackles of preventive detention, it is important that the safeguards enshrined in our Constitution, particularly under the 'golden triangle' formed by Articles 14, 19, and 21, are diligently enforced," the court further stated.
The SC took issue with preventive detention “being rendered ordinary with its reckless invocation over the years as if it were available for use even in the ordinary course of proceedings.” The detention order and the High Court's ruling were set aside and the detainee was ordered to be released forthwith.
The SC also noted that the concerned authority had failed to differentiate between offences that create a “law and order” situation and those that tend to prejudicially affect “public order”.
The court added that it made such observations to remind the State authorities that the drastic provisions of the 1986 Telangana Prevention of Dangerous Activities Act are not to be invoked at the drop of a hat. Preventive detention is a legal provision meant to prevent a person from committing an offence and not to punish them. This provision is enshrined in Article 22 of the Constitution, which also lays down the grounds under which a person can be detained, as well as the rights of the person detained in such manner.