Chapter

Procedural Safeguards in Preventive Detention Cases

B. Uma Devi

in Arrest, Detention, and Criminal Justice System

Published in print March 2012 | ISBN: 9780198075998
Published online September 2012 | e-ISBN: 9780199080953 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198075998.003.0032
Procedural Safeguards in Preventive Detention Cases

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This chapter discusses the constitutional provisions of Article 22 of the Indian Constitution; judicial prescriptions of procedural safeguards; judicial philosophy in preventive detention cases; the need to review certain aberrations from the commendable judicial philosophy; and executive apathy in enforcing amendments made to Article 22 of the Constitution. Viewed in the right perspective, procedural safeguards incorporated in the Constitution and the decisional law pertaining to them are obviously not meant to let off the hook a detained person, notwithstanding strong grounds of suspicion against him, but to give him a fair chance to make his representation considered.

Keywords: Article 22; preventive detention; Indian Constitution; judicial philosophy; detained person; decisional law

Chapter.  23041 words. 

Subjects: Human Rights and Immigration

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