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

Indian Polity Fundamental Rights

Which of the following statements with regard to preventive detention in India is /are correct?

1. The detenue has no rights other than those mentioned in clauses (4) and (5) of Article 22 of Constitution of India

2. The detenue has a right to challenge the detention order on the ground that he was already in jail when the, detentlon order was passed

3. 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 2 only

2 only

3 only

1, 2 and 3

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Explanation:

1st statement is incorrect because preventive detention in India provides following rights to the person:

(i) Right to be informed of the grounds of arrest.

(ii) Right to consult and be defended by a legal practitioner.

(iii) Right to be produced before a magistrate within 24 hours, excluding the journey time.

(iv) Right to be released after 24 hours unless the magistrate authorises further detention.

3rd statement is incorrect because authorisation of magistrate is necessary.

By: Abhipedia

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Bhavna Rathee

The rights enumerated above are available to persons detailed under ordinary law not preventive detention. He has following rights (1)- Inform grounds of detention , (ii) Detention cannot exceed 3 months , (iii) opportunity to make a representation against the detention order