Which of the following statements with regard to preventive detention in India is are correct CDS 2...........

Indian Polity (Easy) FR, DPSPS and Duties

Download Solution PDF

. Which of the following statements with regard to preventive detention in India is / are correct? (CDS 2016-I)

The detenue has no rights other than those mentioned in clauses (4) and (5) of Article 22 of Constitution of India
The detenue has a right to challenge the detention order on the ground that he was already in jail when the detention order was passed
The detenue can claim bail on the ground that he has been in prison beyond twenty- four hours without an order of the magistrate

Select the correct answer using the code given below:

1 and 2only

2only

3only

1, 2 and3

छोटे Courses बड़े Results

Master FR, DPSPS and Duties

Prepare through Micro-courses

Try Now

Explanation:

- Statement 1: The detenue does have rights beyond those mentioned in clauses (4) and (5) of Article 22, such as the right to be informed of grounds of detention and the right to make a representation against the detention order. Hence, this statement is incorrect.

- Statement 2: The detenue has the right to challenge the detention order, especially if there is a procedural error or if they were already in jail when the detention order was passed. This provides a valid ground for challenging the detention.

- Statement 3: Preventive detention does not operate under the same rules as regular arrests, so the typical 24-hour rule for obtaining a magistrate’s order does not apply to preventive detention cases. Therefore, this claim is incorrect.

Considering the above explanation, the correct answer is Option 2: 2 only.