Tamil Nadu State Public Prosecutor Urges Police to Restrict Use of Preventive Detention Laws
Tamil Nadu's State Public Prosecutor has written to the Director General of Police requesting that preventive detention laws not be invoked casually, citing frequent quashing of detention orders by the Madras High Court. The SPP noted that the Prevention of Dangerous Activities Act of 1982 should only be used when there is a genuine threat to public order, not in minor cases. The directive addresses concerns about misuse of exceptional powers that restrict individual liberty and have been repeatedly criticized by courts.
State Public Prosecutor Hasan Mohammed Jinnah has formally communicated to the Director General of Police that Superintendents of Police should cease recommending preventive detention orders without sufficient justification. The SPP emphasized that the Tamil Nadu Prevention of Dangerous Activities Act of 1982 is meant only for cases involving genuine threats to public order, yet the Madras High Court has been regularly quashing detention orders due to their misapplication in trivial matters. The communication requests that police subordinates be trained to distinguish between maintaining law and order and acts that genuinely threaten public order. The SPP highlighted that courts have repeatedly stressed preventive detention is an exceptional power requiring prudent exercise only in exceptional circumstances, as it fundamentally encroaches on individual liberty. This directive reflects ongoing judicial concerns about the abuse of preventive detention provisions.
What different sources said
- The HinduCenter
Don’t invoke preventive detention laws at the drop of a hat, State Public Prosecutor tells DGP
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