New Delhi, Mar 23: The Supreme Court has declared preventive detention as a black law.
Live Law reported that in a significant ruling, the Supreme Court discussed the role and duty of the Advisory Boards constituted under the Preventive Detention Laws, on their capricious exercise of power while scrutinising the preventive detention order of the detaining authority passed in a routine and mechanical manner.
“Preventive detention being a draconian measure, any order of detention as a result of a capricious or routine exercise of powers must be nipped in the bud. It must be struck down at the first available threshold and as such, it should be the Advisory Board that must take into consideration all aspects not just the subjective satisfaction of the detaining authorities but whether such satisfaction justifies the detention of the detainee.
