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Arrest, Detention, and Criminal Justice SystemA Study in the Context of the Constitution of India$
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Bellary Uma Devi

Print publication date: 2012

Print ISBN-13: 9780198075998

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780198075998.001.0001

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Procedural Safeguards in Preventive Detention Cases

Procedural Safeguards in Preventive Detention Cases

Chapter:
(p.152) Chapter 9 Procedural Safeguards in Preventive Detention Cases
Source:
Arrest, Detention, and Criminal Justice System
Author(s):

B. Uma Devi

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198075998.003.0032

This chapter discusses the constitutional provisions of Article 22 of the Indian Constitution; judicial prescriptions of procedural safeguards; judicial philosophy in preventive detention cases; the need to review certain aberrations from the commendable judicial philosophy; and executive apathy in enforcing amendments made to Article 22 of the Constitution. Viewed in the right perspective, procedural safeguards incorporated in the Constitution and the decisional law pertaining to them are obviously not meant to let off the hook a detained person, notwithstanding strong grounds of suspicion against him, but to give him a fair chance to make his representation considered.

Keywords:   Article 22, preventive detention, Indian Constitution, judicial philosophy, detained person, decisional law

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