Under the Preventive Detention a person can be detained without trial for

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Three months. According to Article 21 of the Constitution, no person can be deprived of his life and personal liberty except according to procedure established by law. Further, Article 22 of the Constitution provides those procedural requirements, which must be included and adopted in any procedure enacted by the Legislature. Article 22 deals with two separate matters- (1) Personal arrest under the ordinary law of crime. (2) Person detained under the law of Preventive Detention. There is no authentic definition of Preventive Detention in Indian law. The objective of Preventive Detention is not to punish a person for having done something but to intercept him before he does it and to prevent him from doing it. Preventive Detention laws are not found in any democratic country, except India. The Preventive Detention Act was enacted by the Parliament on 26th February, 1950. The grounds on which Preventive Detention laws are enacted are ● Defence of India ● Relation of India with foreign countries ● Security of India or any of its State or maintenance of public order ● Maintenance of supplies and services essential to the community A person may be taken to Preventive Custody only for 3 months at first instance. If the period of detention is extended beyond 3 months, the case must be referred to an Advisory Board, which means the period of detention may be extended beyond 3 months only on approval by the Advisory Board. The Chairman of the Advisory Board shall be sitting Judge of appropriate High Court and the other members shall be sitting or retired Judges of any High Courts.

Under the Preventive Detention a person can be detained without trial for

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