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Head Note

Constitution of India, 1950  - Article 21 , Section 22 , National Security Act, 1980  - Section 3

Personal liberty - Power of State to curb such right under criminal law and laws of preventive detention - When should be exercised. Held, it should be exercised with due caution and upon a proper appreciation of facts. An individual incident of an offence under Penal Code is insufficient to make out a case for issuance of an order of preventive detention.

Criminal Laws  - Preventive detention and criminal prosecution

Distinction between the two. Held, detention is not a punishment for the act one has done but it is a prevention from doing it. Whereas criminal conviction is for the act already done by culprit.

National Security Act, 1980  - Section 3 , Section 13 , Constitution of India, 1950  - Section 22

Detention under - Appellant's husband arrested in connection with several cases and released on bail - Again arrested under Section 302 and 386 IPC but didnot apply for bail - Detention order passed under 1980 Act 12 months - No material mentioned in Section 3(2) - Likelihood of being released on bail, was the only ground given in detention order - Whether act done under Sections 302 and 386 equated with national security - Whether supposition of getting bail can be a ground for detention - Held - the ground of detention does not disclose sufficient material before detaining authority to detain except likelihood being released on bail. Though detaining authority had extra-ordinary power of detaining a person in contravention of Article 22(2), power was not used justifiably.

Topic(s)-Preventive detention and criminal prosecution

Important Decision(s)- Detention is not a punishment for the act one has done but it is a prevention from doing it. Whereas criminal conviction is for the act already done by culprit.