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For us mere peasants, there is a term "preventive detention" such they say is NOT an arrest so you do not have rich things like habeas corpus or bail. Plus, th
by 2Gkashmiri 3y ago
For us mere peasants, there is a term "preventive detention" such they say is NOT an arrest so you do not have rich things like habeas corpus or bail.
Plus, this is usually pre-crime detention so there is no crime, no case, no enquiry, no courts.
Its fun
https://www.legalservicesindia.com/law/article/5001/5/Preventive-Detention-Not-An-Arrest-No-24-Hour-Magistrate-Appearance-Required-J-K-L-HC https://www.legalservicesindia.com/law/article/5001/5/Preven...
Another nice thing
t was held that the law of preventive detention is not unconstitutional since it has no objective criterion for ordering preventive detention, and instead relies on the executive’s subjective judgment. This viewpoint is based on the fact that preventive detention is not punitive, but rather preventative, and is used to prevent a person from engaging in actions that are seen to be harmful to specific goals that the law of preventive detention aims to regulate. As a result, preventive detention is based on suspicion or expectation rather than proof.
https://blog.ipleaders.in/extending-protections-accused-light-case-qian-abdul-qayoom-v-state-jk/#Preventive_detention https://blog.ipleaders.in/extending-protections-accused-ligh...
- alephnerd 3y agoFor American commentators, this is a Commonwealth holdover from British Colonial jurisprudence (Australia, NZ, India, Pakistan, Bangladesh, Malaysia, Singapore, South Africa). Should be done away with, but it most likely won't be as long as Indian Law and Order concentrates more on "Order" and less on "Law". Also the chronic lack of Judges in India is a major issue impacting bail.