V C MOHAN Vs. UNION OF INDIA
SUPREME COURT OF INDIA
V. C. Mohan
Union of India And Ors.
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(1.)While it is true that law Courts detaste the very concept of detention without trial and do not favour the same, but the constitutional sanction of preventive detention cannot in any way be decried having regard to the prevalent conditions - social and economic. The scheme as envisaged by the founding fathers, however, has its rigours as well and subject to the guarantees as enshrined in Part III of the Constitution.
(2.)Preventive detention admittedly is an 'invasion of personal liberty' and it is a duty cast on to the law Courts to satisfy itself in regard to the circumstances under which such a preventive detention has been ordered - in the event, however, the same does not conform to the requirements of the concept of justice as is available in the justice delivery system of the country, the law Courts would not shirk of its responsibility to provide relief to the person concerned. The guardian-angel of the Constitution stand poised with a responsibility to zealously act as a watchdog so that injustice does not occur : Let us not be understood to mean however that there ought to be any overzealousness since the same may lend assistance to a situation which is otherwise not compatible with social good and benefit.
(3.)Adverting at this stage to the facts of the matter, as is evident from the present writ petition under Article 32 of the Constitution, challenging an order of detention dated 1st March, 2001 under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 it appears that the petitioner is presently confined in Central Prison, Chennai, Tamil Nadu and it is this detention which the petitioner contended is without the authority of law and constitute an infringement of his guaranteed fundamental rights.
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