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Supreme Court Quashes NSA Detention in Sambhal Violence Case
খবরে কেন?
Rs 10 lakh costs on a state: the Article 22 preventive detention safeguards every Polity answer needs
The Supreme Court set aside an NSA detention in the Sambhal violence case and imposed Rs 10 lakh costs on Uttar Pradesh.
Why it matters: factual, Prelims-type
What you need to know
2 মিনিট
The Supreme Court quashed the National Security Act detention of Mulla Afroz, who was held in connection with the Sambhal violence, and imposed costs of Rs 10 lakh on the Uttar Pradesh government.
Preventive detention is permitted by Article 22 of the Constitution, but only with safeguards such as review by an Advisory Board.
Courts examine whether the detaining authority genuinely applied its mind to a threat to public order or state security.
সূত্র: Topper IAS editorial (PIB / The Hindu / Indian Express)
মূল তথ্য
Remember these
- The Supreme Court quashed the NSA detention of Mulla Afroz in the Sambhal violence case.
- Costs of Rs 10 lakh were imposed on the Uttar Pradesh government.
- Preventive detention is permitted by Article 22 of the Constitution, subject to safeguards.
- Advisory Board review is a key safeguard under Article 22 for preventive detention.
- The National Security Act, 1980 is a preventive detention law; courts test whether the authority genuinely applied its mind to a threat to public order or state security.
প্রিলিমস · মেইনস
How the exam will ask it
প্রিলিমস
- Article 22 provides protection against arrest and detention and expressly permits preventive detention subject to safeguards.
- Preventive detention is aimed at preventing a person from acting in a manner prejudicial to public order or state security, not at punishing a past offence.
- Article 20 deals with protection in respect of conviction for offences, while Article 21 guarantees life and personal liberty.
মেইনস
GS-II Polity: preventive detention sits in tension with personal liberty. Article 22 allows it with safeguards such as Advisory Board review, and courts scrutinise whether the detaining authority genuinely applied its mind to a threat to public order or state security. The costs imposed on the state signal judicial intolerance of casual use of the NSA; the way forward lies in strict procedural compliance, timely review and accountability for misuse.
Quick recall
Answer before you reveal
Preventive detention laws in India, such as the National Security Act, 1980, derive their constitutional footing from which provision of the Constitution?
- Article 20
- Article 22
- Article 21
- Article 19
উত্তর দেখুন
উত্তর: B — Correct: Article 22 — Article 22 provides protection against arrest and detention and expressly permits preventive detention subject to safeguards such as Advisory Board review. • Article 20 — wrong: Article 20 protects against conviction and punishment under retrospective laws, double jeopardy and self-incrimination, not preventive detention. • Article 21 — wrong: Article 21 guarantees life and personal liberty; it is the general protection against which detention is tested, but preventive detention is specifically provided for in Article 22. • Article 19 — wrong: Article 19 lists the freedoms of speech, assembly, movement and occupation, and does not authorise detention.
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