Supreme Court ruling in Mortuza Hussain Choudhury vs State of Nagaland (2025).
- Reaffirmed preventive detention as a severe measure requiring strict constitutional and statutory compliance.
- Struck down Nagaland’s detention orders for lacking proper justification.
SC Ruling on Preventive Detention
- Two individuals detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act) after a drug seizure.
- Police alleged they would resume trafficking if released, but no separate grounds were provided.
- Supreme Court Observations:
- Detention orders violated Section 6 of PITNDPS Act by lacking specific grounds.
- Mere oral communication of detention grounds in Nagamese was deemed insufficient, citing Harikisan vs. State of Maharashtra (1962).
- Stressed that preventive detention affects fundamental rights and must follow strict legal procedures.
- Detention orders quashed for non-compliance.
What is Preventive Detention?
- Definition: Detaining an individual without trial to prevent potential unlawful activities.
- Unlike punitive detention, which follows due process, preventive detention restricts liberty based on suspicion.
Constitutional Provisions:
- Article 22(3): Protection under Articles 22(1) & 22(2) (against arrest/detention) does not apply to preventive detention.
- Detention without trial:
- Up to 3 months unless extended by an Advisory Board (comprising High Court-qualified judges).
- Detainee must be informed of reasons unless it affects public interest.
- Right to legal representation can be restricted.
Significance of the Ruling:
- Reinforces strict procedural safeguards in preventive detention cases.
- Emphasizes fundamental rights and due process.
- Sets a judicial precedent for future cases involving arbitrary detention.
Key Laws Related to Preventive Detention:
- National Security Act (NSA), 1980: Prevents threats to national security & public order.
- Unlawful Activities (Prevention) Act (UAPA), 1967: Addresses activities threatening sovereignty & integrity of India.
- Public Safety Act (PSA), 1978 (J&K): Allows preventive detention for public order & security.
Judicial Precedents:
- Ameena Begum vs State of Telangana (2023): SC ruled preventive detention should not be used arbitrarily.
- Jaseela Shaji vs Union of India (2024): Ensured detainees have a fair chance to challenge their detention.
