www.expressindia.com - Weather | Horoscope | Stocks | RSS
expressindia web city
HomeBlogsCricketAstrologyShopping TendersClassifieds Opinions Hotels
Sign In / Register | Archive
Expressindia » Story

Preventive detention in public interest is justified, says SC

Font Size

Agencies

Posted: Mar 10, 2008 at 1504 hrs IST

New Delhi, March 10: Preventive detention of a person in public interest is justified and courts cannot interfere with it unless there are "exceptional" circumstances, the Supreme Court has said.

Such detention is intended to strike a delicate balance between an individual's personal liberty (Fundamental Right) and safety of the country and society at large, the apex court said.

A bench of Justices C K Thakker and Altamas Kabir in a judgement that a preventive detention order passed on the basis of a "suspicion" was to prevent a person from acting in any manner prejudicial to public interest or law, and courts must be conscious while granting relief to such persons.

"Interference by a court of law at that stage must be an exception rather than a rule and such an exercise can be undertaken by a writ court (Supreme Court/High Courts) with

extreme care, caution and circumspection," the bench observed.

The bench passed the observation while upholding an appeal filed by the Maharashtra Government challenging a Bombay High Court (Nagpur Bench) judgement which quashed the detention order passed by the authorities against Bhaurao PunjabRao Gawande, a petroleum product transporter for alleged black marketing.

Though the authorities passed the detention order against Gawande under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, the High Court quashed the order after he approached it before the detention order could be executed.

Discuss this story on expressindia forums
Post Comments
Name* Email ID*
Subject* Country*
Message*
Characters remaining
 
TERMS OF USE: The views, opinions and comments posted are your, and are not endorsed by this website. You shall be solely responsible for the comment posted here. The website reserves the right to delete, reject, or otherwise remove any views, opinions and comments posted or part thereof. You shall ensure that the comment is not inflammatory, abusive, derogatory, defamatory &/or obscene, or contain pornographic matter and/or does not constitute hate mail, or violate privacy of any person (s) or breach confidentiality or otherwise is illegal, immoral or contrary to public policy. Nor should it contain anything infringing copyright &/or intellectual property rights of any person(s).
I agree to the terms of use.

Latest News

Business

Showbiz

Sports

Vikash Sinha brought to Delhi by ED; interrogation begins

BJP buys peace with rebels, Yeddyurappa to stay as CM

India worried over rise of terror in Pak, Afghanistan: PM

Maoists kill four EFR jawans in W Midnapore district

IIT-JEE candidates to get performance cards

Madhu Koda discharged, summoned by ED

Dalai Lama arrives to rousing reception by Tibetans

More
Featured Services
© 2009 The Indian Express Limited. All rights reserved
The Indian Express Group | Advertise With Us | Privacy Policy | Feedback | Work With Us | Site Map