Supreme Court Rebukes Telangana Police Over Misuse of Preventive Detention Law
In a landmark judgment, the Supreme Court of India has voiced its concerns over the Telangana police’s frequent use of preventive detention laws. The apex court emphasized that such laws should not be invoked
“at the drop of a hat,”
especially without considering the fundamental rights enshrined in the Constitution of India.
The division bench, comprising Justice Surya Kant and Justice Dipankar Datta, highlighted a concerning trend in Telangana. They stated,
“While the Nation celebrates Azadi Ka Amrit Mahotsav, marking 75 years of independence, some police officers in Telangana, tasked with preventing crimes and protecting citizens’ rights, seem to be overlooking the Fundamental Rights guaranteed by the Constitution. They are curbing the liberty and freedom of the people. This trend must be halted immediately.”
The court’s observations came while it was deliberating on a detention order passed against a detainee’s husband. The bench further noted that preventive detention, initially conceived as an extraordinary measure by the framers of the Constitution, has been misused over the years, almost as if it’s a tool available for regular proceedings.
The court emphasized the importance of the ‘golden triangle’ formed by Articles 14, 19, and 21 of the Constitution. These articles guarantee equality before the law, freedom of speech and expression, and the right to life and personal liberty, respectively. The bench stressed that these safeguards must be
“diligently enforced.”
In the case at hand, the court pointed out that the detaining authority failed to distinguish between offenses that create a “law and order” situation and those that affect “public order.” The court clarified that for an act to be considered a disturbance to ‘public order’, it must impact the general public, evoking feelings of fear or insecurity.
The court also criticized the Telangana Prevention of Dangerous Activities Act 1986, labeling it as an
“extraordinary statute.”
The bench opined that this law should not have been invoked when the regular criminal law could have addressed the concerns leading to the detention order.
In conclusion, the Supreme Court quashed the detention order in question and overruled the judgment of the Telangana High Court. The court’s decision serves as a stern reminder to law enforcement agencies across the country to exercise their powers judiciously and uphold the principles of justice and democracy.