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With reference to the Preventive detention, consider the following statements:
1. The second part of Article 20 grants protection to persons who are arrested or detained under a preventive detention law.
2. The detention of a person cannot exceed three months unless advisory board reports sufficient cause for extended detention The board is to consist of judges of a high court.
Which of the statements given above is/are correct?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
With reference to the Preventive detention, consider the following sta...
Preventive detention, the dreaded power of the State to restrain a person without trial, could be used only to prevent public disorder, the Supreme Court held in a judgment.
  • Preventive detention is a necessary evil only to prevent public disorder.
  • The court must ensure that the facts brought before it directly and inevitably lead to a harm, danger or alarm or feeling of insecurity among the general public or any section thereof at large, a Bench, led by Justice Rohinton F. Nariman, observed.
  • The State should not arbitrarily resort to “preventive detention” to deal with all and sundry “law and order” problems, which could be dealt with by the ordinary laws of the country.
  • Preventive detention must fall within the four corners of Article 21 (due process of law) read with Article 22 (safeguards against arbitrary arrest and detention) and the statute in question.
  • The second part of Article 22 grants protection to persons who are arrested or detained under a preventive detention law. This protection is available to both citizens as well as aliens and includes the following:
  • The detention of a person cannot exceed three months unless advisory board reports sufficient cause for extended detention The board is to consist of judges of a high court.
  • The grounds of detention should be communicated to the detention However, the facts considered to be against the public inter need not be disclosed.
  • The detenu should be afforded an opportunity to make representation against the detention order.
Hence only statement 2 is correct.
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With reference to the Preventive detention, consider the following statements:1. The second part of Article 20 grants protection to persons who are arrested or detained under a preventive detention law.2. The detention of a person cannot exceed three months unless advisory board reports sufficient cause for extended detention The board is to consist of judges of a high court.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?
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With reference to the Preventive detention, consider the following statements:1. The second part of Article 20 grants protection to persons who are arrested or detained under a preventive detention law.2. The detention of a person cannot exceed three months unless advisory board reports sufficient cause for extended detention The board is to consist of judges of a high court.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer? for Current Affairs 2024 is part of Current Affairs preparation. The Question and answers have been prepared according to the Current Affairs exam syllabus. Information about With reference to the Preventive detention, consider the following statements:1. The second part of Article 20 grants protection to persons who are arrested or detained under a preventive detention law.2. The detention of a person cannot exceed three months unless advisory board reports sufficient cause for extended detention The board is to consist of judges of a high court.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for Current Affairs 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to the Preventive detention, consider the following statements:1. The second part of Article 20 grants protection to persons who are arrested or detained under a preventive detention law.2. The detention of a person cannot exceed three months unless advisory board reports sufficient cause for extended detention The board is to consist of judges of a high court.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?.
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