Supreme Court: A Person cannot be detained under NSA without Valid Reasons
The Supreme Court of India in the first week of January 2012 ruled that a person cannot be detained under the preventive detention law like National Security Act (NSA) without justifiable reasons. If it happens, it would impinge upon the individuals Constitutional right of personal liberty. The apex court observed that the State authorities have been granted the power to curb such rights under criminal laws as also under the laws of preventive detention. These laws are required to be exercised with due caution as well as upon a proper appreciation of the facts as to whether such acts are in any way prejudicial to the interest and the security of the State and its citizens, or seek to disturb public law and order, warranting the issuance of such an order.
Important Information
Article 21 in the Constitution of India states that no person shall be deprived of his life or personal liberty except according to procedure established by law.
Article 22 in the Constitution of India has provision for protection against arrest and detention in certain cases. This article consists of two parts. Clauses(1) and (2) apply to persons arrested or detained under a law otherwise than a preventive detention law while clauses (4) to (7) apply to persons arrested or detained under a preventive detention law.
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