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The Allahabad HC observed that the preventive detention feature is a serious infringement of the personal liberty of an individual. Hence the authorities should not use this power in a casual manner opined the bench comprised of Justice Shaibul Hasnain and Justice Rekha Dikshit.
In the present case, the matter was regarding a detention order issued by the State Government abiding the provisions of National Security Act, 1980 was challenged where the order was stated as illegal and non existent by the petitioner. The petitioner stated that the order had been seasoned with political and personal motives and hence impaired the legal validity of the order.
The Court quashed the impugned order and said “For an act to fall within the category of public order problem it should be of the nature to disrupt the ordinary tempo of public life. Also, it should be beyond the capability of ordinary law to deal with the alleged activities; in other words, if recourse to ordinary criminal law could have efficaciously dealt with the alleged activities the need to take recourse to preventive detention law does not arise. The facts and circumstances of the present case, especially, the changed version of the detaining authorities fall to establish that the alleged act was one threatening public order.”
The Court observed that it was clear that the order passed was malicious and had been based on false facts. The Court also relied on the statement passed in Pebam Ningol v State of Manipur and Ors. Where the apex court held that if the grounds for the detention were invalid then the National Securities Act was deemed invalid.
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