HC to examine issue of preventive detention as it curtains person's liberty

Taking note of several cases where persons were arrested or taken into preventive custody as there were "no guidelines", the Delhi High Court has decided to examine the issue saying such instances curtailed the liberty of an individual.

Considering that liberty of the detained persons was being curtailed through the use of statutory powers by special executive magistrates (SEM), the court raised another question about the provision of legal aid to such people to make them aware of their rights.

"The court proposes to examine the larger issues that arise because it appears that there are large number of similar cases where the powers under sections 107/151 CrPC are being invoked to preventively detain/arrest persons with there being no guidelines as such as to the procedure that has to be followed and the period for which such persons are to be detained," a bench of Justices S Muralidhar and Vinod Goel said.

It directed the Principal Secretary of Delhi government's Department of Home to place on affidavit the "figures of the number of persons who have been arrested in the National Capital Territory of Delhi in the past one year invoking the powers under Sections 107/ 151 CrPC and the number of persons who have been actually sent to judicial custody on the same day."
The bench said there also "appears to be no basis to determine the amount of surety that the detenue is asked to furnish."