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Consider the following statements regarding the events in the emergency.
1. Under this provision, people are arrested and detained not because they have committed any offence, but on the apprehension that they may commit an offence
2. Arrested political workers could not challenge their arrest through habeas corpus petitions
Which of these statements are correct?
- a)1 Only
- b)2 Only
- c)Both of them
- d)Neither of them
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements regarding the events in the emergen...
- The government made extensive use of preventive detention. Under this provision, people are arrested and detained not because they have committed any offence, but on the apprehension that they may commit an offence.
- Using preventive detention acts, the government made large scale arrests during the emergency. Arrested political workers could not challenge their arrest through habeas corpus petitions. Many cases were filed in the High Courts and the Supreme Court by and on behalf of arrested persons, but the government claimed that it was not even necessary to inform the arrested persons of the reasons and grounds of their arrest. Several High Courts gave judgments that even after the declaration of emergency the courts could entertain a writ of habeas corpus filed by a person challenging his/her detention.
- In April 1976, the constitution bench of the Supreme Court overruled the High Courts and accepted the government’s plea. It meant that during an emergency the government could take away the citizen’s right to life and liberty. This judgment closed the doors of judiciary for the citizens and is regarded as one of the most controversial judgments of the Supreme Court.
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Consider the following statements regarding the events in the emergen...
Statement Analysis:
1. Under this provision, people are arrested and detained not because they have committed any offence, but on the apprehension that they may commit an offence
- This statement is correct as it highlights the preventive detention provision where individuals can be detained based on the fear that they may engage in activities that are against the state's security.
- Preventive detention allows authorities to detain individuals without formal charges or trial, solely based on suspicion of potential future criminal actions.
- This provision is often criticized for violating individual rights and freedoms as it enables authorities to restrict liberty without concrete evidence of wrongdoing.
2. Arrested political workers could not challenge their arrest through habeas corpus petitions
- This statement is also correct as during emergencies, fundamental rights like the right to move court for habeas corpus can be suspended.
- Habeas corpus is a legal action that requires a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.
- The suspension of habeas corpus petitions during emergencies can lead to unchecked government power and potential abuse of authority.
Therefore, both statements are correct as they address key aspects of the implications of emergency situations on individual rights and legal recourse.
1. Under this provision, people are arrested and detained not because they have committed any offence, but on the apprehension that they may commit an offence
- This statement is correct as it highlights the preventive detention provision where individuals can be detained based on the fear that they may engage in activities that are against the state's security.
- Preventive detention allows authorities to detain individuals without formal charges or trial, solely based on suspicion of potential future criminal actions.
- This provision is often criticized for violating individual rights and freedoms as it enables authorities to restrict liberty without concrete evidence of wrongdoing.
2. Arrested political workers could not challenge their arrest through habeas corpus petitions
- This statement is also correct as during emergencies, fundamental rights like the right to move court for habeas corpus can be suspended.
- Habeas corpus is a legal action that requires a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.
- The suspension of habeas corpus petitions during emergencies can lead to unchecked government power and potential abuse of authority.
Therefore, both statements are correct as they address key aspects of the implications of emergency situations on individual rights and legal recourse.
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Consider the following statements regarding the events in the emergency.1. Under this provision, people are arrested and detained not because they have committed any offence, but on the apprehension that they may commit an offence2. Arrested political workers could not challenge their arrest through habeas corpus petitionsWhich of these statements are correct?a) 1 Onlyb) 2 Onlyc) Both of themd) Neither of themCorrect answer is option 'C'. Can you explain this answer?
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