Court rules detention under PITNDPS Act violated constitutional safeguards, emphasizing the importance of immediacy and procedural compliance.
In a significant ruling, the Punjab and Haryana High Court has quashed the preventive detention order against Dishant Goel, who was detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act). The court found that the detention order failed to satisfy the constitutional requirement of a "live and proximate link" between Goel's alleged activities and the necessity for detention, due to unexplained delays in the detention process.
Justice Vinod S. Bhardwaj, presiding over the case, highlighted that the preventive detention order was characterized by administrative lethargy, as it was executed nearly five months after the proposal was initiated. The court stressed that preventive detention is an extraordinary measure that requires immediacy and urgency, which were lacking in Goel's case.
The judgment also pointed out the failure to supply Goel with the detention proposal, a foundational document, which deprived him of the opportunity to make an effective representation against his detention, thus breaching the constitutional safeguard under Article 22(5) of the Indian Constitution.
Additionally, the court criticized the authorities for resorting to preventive detention without exhausting ordinary criminal law remedies. The judgment underscored that preventive detention should not be used as a substitute for prosecution or to nullify judicial orders granting bail.
The court's decision reaffirms the necessity for strict adherence to constitutional and statutory safeguards in preventive detention cases, ensuring that such powers are not misused to curtail personal liberty without due process.
Bottom line:-
Preventive detention under the PITNDPS Act must satisfy the constitutional requirement of "live and proximate link" between alleged activities and the necessity of detention. Unexplained delays and non-compliance with procedural safeguards vitiate the detention order.
Statutory provision(s): Article 22(5) of the Constitution of India, Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
Dishant Goel v. Union of India, (Punjab And Haryana) : Law Finder Doc id # 2918732
