SC: Preventive detention orders must show independent application of mind
New Delhi, March 6 -- The Supreme Court has ruled that preventive detention orders must reflect an independent application of mind by the detaining authority and cannot be issued based solely on a casual reference to material placed before it.
A Bench comprising Justice Sanjay Kumar and Justice Augustine George Masih emphasized that merely stating that the authority was "satisfied on examination of the proposals and supporting documents" is insufficient and does not meet constitutional or statutory requirements.
The Court quashed detention orders issued by the Special Secretary, Home Department, Government of Nagaland, against two appellants, finding that the detaining authority had relied entirely on police proposals without framing indepe...
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