Bombay HC Stresses Caution in Preventive Detention Orders
The Bombay High Court emphasized the need for extreme caution when issuing preventive detention orders, emphasizing that a casual approach risks infringing on fundamental freedoms. The court quashed an October 2023 detention order against Rakesh Jejurkar, citing a failure to provide an opportunity for representation and the need to safeguard individual liberties.
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- Country:
- India
The Bombay High Court has emphasized the necessity for authorities to exercise extreme care and caution when issuing preventive detention orders, warning that a casual approach could unjustly deprive an individual of their fundamental right to freedom and liberty.
On July 2, a division bench comprising Justices Bharati Dangre and Manjusha Deshpande annulled a preventive detention order issued in October 2023 against Rakesh Jejurkar. The bench noted that Jejurkar was not provided an opportunity to file a representation against the detention order and consequently directed his release.
The court highlighted that when a statutory enactment grants extraordinary powers to the executive, such as detaining a person without recourse to ordinary laws, these powers must be exercised with utmost responsibility. Any casual approach could infringe upon a citizen's most precious fundamental rights.
(With inputs from agencies.)