Preventive Detention- 3 Months Limit Under Article 22(4)(a) Applies Only At Initial Stage Till Advisory Board’s Report: Supreme Court
Case: Pesala Nookaraju v. Govt of Andhra Pradesh
Coram: Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra
Case No.: S.L.P. (Criminal) No. 9492 of 2023
Court Observation: Article 22(4)(a) applies at the initial stage of passing of the order of detention by the State Government or by an officer and not at the stage subsequent to the report of the Advisory Board”
“We reiterate that the period of three months stipulated in Article 22(4)(a) of the Constitution is relatable to the initial period of detention up to the stage of receipt of report of the Advisory Board and does not have any bearing on the period of detention, which is continued subsequent to the confirmatory order being passed by the State Government on receipt of the report of the Advisory Board”
“Had the detaining authority specified the period of detention in the order of detention, it could have been argued that the detaining authority has usurped the power of the Government and the Advisory Board as per the scheme mentioned in the provisions of the Act 1986 and that the detention order was contrary to the constitutional mandate expressed in Article 22(4) of the Constitution.”
“It is also well settled that whether the material was sufficient or not is not for the Courts to decide by applying the objective basis as it is a matter of subjective satisfaction of the detaining authority”.
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Keywords
Preventive Detention- 3 Months Limit, Preventive Detention- 3 Months Limit Under Article 22(4)(a)
