Abstract

Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. The author emphasizes how the preventive detention law is, by nature, repugnant to democratic ideas and an anathema to the rule of law in India. Author further brings his views in comparative to the law that exists in the USA and in England which is exclusively used during war time. The author puts that if the ordinary law of the land (Indian Penal Code and other penal statues) can deal with a situation, recourse to a preventive detention law will be illegal in India. An individual incident of an offence under the Penal Code, however heinous, is insufficient to make out a case for issuance of an order of preventive detention and that is practiced in India as the law is static one it has to be amended according to the welfare of the society. Further the author emphasis the Principle of Natural Justice in consonance with Article 22(3) and how it to be amended accordingly. Section 7 of T.N Act 14, 1982 how it has to be reformed is focused by the author. The author has concluded that apart from disciplinary action against the police, there is no Penal provisions available against the police to punish for their wrongful act against the innocents in India.

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