Preventive detention serious invasion of personal liberty: Supreme Court

New Delhi, September 30

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Terming preventive detention as a “serious invasion of personal liberty”, the Supreme Court on Friday ordered forthwith release of a man arrested under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, (PIT NDPS) 1988, for withholding bail orders by detaining authorities.

A Bench of Chief Justice of India UU Lalit, Justice S Ravindra Bhat and Justice JB Pardiwala set aside a Tripura High Court verdict which held that if the detenu was not prejudiced by non-supply of a particular document, he couldn’t gain any benefit merely by agitating that a document mentioned in the detention order was not supplied.

It took exception to the unexplained delay in detention of accused Sushanta Kumar Banik and withholding bail orders by detaining authorities, saying whatever little safeguards the Constitution and the law authorising such action provided must be strictly adhered to.