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Which of the following statement regarding preventive detention in India is incorrect?
The constitution of India provides for certain safeguards in case of preventive detention.
These safeguards are available to citizens as well as aliens detained under preventive detention.
To ensure the uniformity of laws, only the Parliament and not the State Legislatures are empowered to make laws of preventive detention.
In India provisions of preventive detention existed during the British rule also.
First and second statements are correct. Article 22 confers the following rights on a person who is arrested or detained under an ordinary law: (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 authorizes further detention. These safeguards are not available to an enemy alien or a person arrested or detained under a preventive detention law. Article 22 grants protection to persons who are arrested or detained under a preventive detention law. This protection is available to both citizens as well as aliens and includes the following- (i) The detention of a person cannot exceed three months unless an advisory board reports sufficient cause for extended detention. The board is to consist of judges of a high court. (ii) The grounds of detention should be communicated to the detenu. However, the facts considered to be against the public interest need not be disclosed. (iii) The detenu should be afforded an opportunity to make a representation against the detention order. Third statement is incorrect. Both the Parliament as well as the state legislatures can concurrently make a law of preventive detention for reasons connected with the security of a state, the maintenance of public order and the maintenance of supplies and services essential to the community. For example, preventive detention laws made by the Parliament are- (a) National Security Act (NASA), 1980 (b) Prevention of Terrorism Act (POTA), 2002.
(c) Karnataka Prevention of Dangerous Activities of Acid Attackers, Bootleggers, Depredator of Environment, Digital Offenders, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Land Grabbers, Money Launderers, Sexual Predators and Video or Audio Pirates Act 1985. Fourth statement is correct. In India, preventive detention existed even during the British rule. For example, the Bengal State Prisoners Regulation of 1818 and the Defence of India Act of 1939 provided for preventive detention.
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