Each Day’s Delay Matters In Cases Of Personal Liberty;Representation Against Preventive Detention Must Be Decided Soon : Supreme Cour

Individual Liberty Cannot Be Arbitrarily Curtailed: Supreme Court on Speedy Resolution of Preventive Detention Cases

The Supreme Court of India has recently emphasized the importance of swift decision-making in cases involving preventive detention. In a judgment passed on [date of judgement], a bench of Justices B.R. Gavai, Prashant Kumar Mishra, and K.V. Viswanathan highlighted that individual liberty is a fundamental right and any restrictions on it must be dealt with utmost urgency.

The case involved individuals who were under preventive detention for periods exceeding nine months and over two years without a decision being made on their representations against the detention orders. The Court found these delays unacceptable and quashed the detention orders, setting aside the judgment of the Kerala High Court.

The Court delivered a strong message, stating that:

• Individual liberty is a precious right: The Court recognized that individual liberty is a cornerstone of a democratic society and cannot be restricted arbitrarily.
• Delay in representation decisions is unacceptable: Every day spent in preventive detention without a fair and speedy decision on a representation against it is a violation of personal liberty.
• Authorities have a constitutional obligation: The Court emphasized that authorities holding individuals in preventive detention are constitutionally obligated to decide on representations challenging such detentions as quickly as possible.

The judgment serves as a reminder to authorities across the country of the importance of adhering to timelines and ensuring swift decision-making in cases involving personal liberty. Every day’s delay in such matters has significant consequences for the individuals involved.

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