Detaining Authority Must Show Compelling Reasons for Preventive Detention
In the case of Mariappan vs The District Collector And others (2014), the Madras High Court had laid down that the goal of preventive detention is not to punish the detainee but to keep them from doing anything that is harmful to the State. In this way, the satisfaction of the concerned authority is subjective satisfaction. It falls under any of the defined criteria, such as:
- State security,
- Public order,
- Foreign Affairs, and
- Community services.
Three recent incidents surrounding the functioning of preventive detention laws in India have been decorated with explanations as they received nationwide attention thereby highlighting the raw truth existing behind the preventive detention laws in India.