New Delhi : News Agency : The Supreme Court has reprimanded the police by saying that the practice of preventive custody should be stopped immediately by stopping the exercise of arbitrary powers. The court has given this judgment setting aside the Telangana High Court's order dismissing the petition of a prisoner.
The concept of preventive custody is to keep an accused in custody. The bench of Chief Justice Chandrachud has said that this will prevent him from committing crime. Justice Pardiwala and Justice Manoj Mishra said the failure of the police to deal with the law and order situation should not be a reason for preventive detention. The petitioner prisoner was arrested on September 12, 2023 on the orders of the Commissioner of Police, Rachakonda, Telangana. Four days later, the Telangana High Court dismissed a plea questioning the arrest order.
The man named Nenavath Bujji was arrested by the Telangana Police on charges of chain snatching. He was accused of disrupting law and order in the area.
Authority should be exercised cautiously
The Act clearly states that any statutory powers relating to preventive detention should be exercised with caution. The report of the Advisory Board states that if no sufficient reason exists for the detention of a detainee, he should be released. Merely having two FIRs for an offense like robbery and declaring him a hooligan under the law cannot be a basis for keeping him in custody.
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