Indefinite Detention Unconstitutional Says SC

The Supreme Court has ruled that government cannot indefinitely delay its decision on the representations made by detenues under the preventive detention law as it violates the precious right to liberty of every citizen and foreigners residing in the country.

A bench of justices A K Ganguly and J S Khehar said in a judgement that courts are duty-bound to protect the fundamental right of liberty to people by issuing a writ of habeas corpus for production of the detenues even if there are technical flaws in the petitions filed on their behalf.

A habeas corpus is a petition filed on behalf of a person whose whereabouts are not known.

The powers to issue the writ are vested in the Supreme Court and the High Courts.

The apex court passed the ruling quashing the detention of four women under the Conservation of Foreign Exchange and prevention of Smuggling Activities Act, 1974 (COFEPOSA).