Tag
#Indian Polity
What Is Preventive Detention?
Preventive detention is the detention of a person without trial or conviction to prevent anticipated harmful activities threatening national security or public order. Article 22 of the Constitution provides safeguards against its misuse. Unlike punitive detention, it is preventive, not punitive. Its exercise must be lawful, necessary, proportionate and subject to judicial review.
Gandhi’s 1922 Court Statement and Delhi Protester Detentions
Gandhi’s remarks in 1922 remain valid in a democratic set-up where the need to challenge peacefully the powers that be is essential. In a democratic set-up, there is a need for the State to preserve law and order without trampling on fundamental rights. The protection of peaceful protest, legal enforcement, and prevention of arbitrary arrest are important constitutional values.
Over 4,000 Cases Pending Against MPs, MLAs | SC Report
The 22nd amicus brief draws attention to the delay in 4,192 criminal cases involving sitting and retired MPs/MLAs, 519 of which have been pending for more than ten years despite directives from the Supreme Court regarding the setting up of special courts. The delay in such cases is due to lack of capacity, investigative hurdles, adjournments, and poor monitoring.