Court Criticizes Misuse of Preventive Detention Laws, Emphasizes Protection of Personal Liberty
In a significant judgment, the Madras High Court has granted interim bail to an investigative journalist, detained under the Tamil Nadu Prevention of Dangerous Activities Act, 1982, citing insufficient grounds for detention and infringement of personal liberty. The court, comprising Justices S. M. Subramaniam and P. Dhanabal, heard the habeas corpus petition filed by Neelima, challenging the detention order issued by the Commissioner of Police, Greater Chennai City, on December 3, 2025.
The petitioner contended that her husband, an investigative YouTube journalist known for his dissenting views against the state executives and politicians, was detained with an ulterior motive to silence him. The court observed that preventive detention laws are draconian and must be exercised with extreme caution, emphasizing that personal liberty, a fundamental right under Article 21 of the Indian Constitution, should be protected at all costs.
The court noted the reliance on multiple criminal cases, including a landlord-tenant dispute, to justify the detention, which it found to be a misuse of the law. The court highlighted that mere involvement in criminal activities does not justify preventive detention unless it is integrally connected with the maintenance of public order.
The court granted interim bail for twelve weeks with conditions, stressing the need for judicial intervention to safeguard constitutional rights. It further criticized the tendency of state authorities to use preventive detention as a tool to settle political scores or silence dissenting voices, urging that such actions should be met with disciplinary proceedings.
Bottom Line:
Habeas Corpus Petition challenging preventive detention under Tamil Nadu Act 14 of 1982 - Interim bail granted to the detenu due to lack of sufficient grounds for detention and concerns over infringement of personal liberty.
Statutory provision(s): Article 21 of the Constitution of India, Tamil Nadu Prevention of Dangerous Activities Act, 1982 Section 2(1)(a), Section 2(iv-B), Section 2(ggg), Section 3, Article 19(1)(a) of the Constitution of India
