The law on preventive detention in India has gone through several vicissitudes since 1950, culminating in several statutes, the most important being the National Security Act, 1980.
This book is a section-wise commentary on the Act. A very thorough and in-depth study of the provisions of the Act has been made and the commentary is replete with the decisions of the Supreme Court. The Supreme Court has all along zealously safeguarded the rights of the individual against the State without sacrificing the larger interests of the society when incarceration was necessary.
State Amendments have been given and also the earlier statutes on preventive detention included in the appendices.
Reviews
The author has succeeded in this explosive area of the law in writing a text that is accurate and concise and that contains all the important authorities on the subject. Full treatment is given to the relevant provisions of the statute, the rules of procedure and the case-law of Supreme Court and High Courts. All cases decided under the previous statutes except when repugnant to the statutory provisions of N.S.A., have been placed in this section-wise treatment of the National Security Act, 1980. There is little question that the subject of this book is important and timely.
- Kerala Law Times
The learned author has in the section-wise commentary on the Act, referred to decided cases under various statutes dealing with preventive detention. Earlier statutes have been included in the Appendices. The author deals with the subject in a lucid and clear manner. The get up is excellent. The book will be found useful not only by members of the Bench and Bars but by the detaining authorities as well.
- Current Indian Statutes
Table of Contents:
TABLE OF CASES
Short Title and extent 3
Definitions 10
Power to make orders detaining certain persons11
STATE AMENDMENTS
Punjab and Chandigarh 12, 13
Execution of detention orders 42
Power to regulate place and condition of detention 45
Grounds of detention severable 45
Detention orders not to be invalid or inopertive on certain grounds 46
Powers in relation to absconding persons 47
Grounds of order of detention to be disclosed to persons affected
by the order 50
STATE AMENDMENTS
Punjab and Chandigarh 51
Constitution of Advisory Boards 78
Reference to Advisory Boards 78
STATE AMENDMENTS
Punjab and Chandigarh 79
Procedure of Advisory Boards 79
STATE AMENDMENTS
Punjab and Chandigarh 79
Action upon the report of the Advisory Board 87
STATE AMENDMENTS
Punjab and Chandigarh 87
Maximum period of detention 88
STATE AMENDMENTS
Punjab and Chandigarh 88
Revocation of detention orders 89
STATE AMENDMENTS
Punjab and Chandigarh 90
Circumstances in which persons may be detained for periods longer
than three months without obtaining the opinion of Advisory Boards 95
Temporary release of persons detained 97
Protection of action taken in good faith 98
Act not to have effect with respect to detentions under State laws 99
Repeal and saving 99
APPENDICES
Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances
Act, 1988 101
Conservation of Foreign Exchange and Prevention of Smuggling
Activities Act, 1974 110
Prevention of Blackmarketing and Maintenance of Supplies of
Essential Commodities Act, 1980 121
Smugglers and Foreign Exchange Manipulators (Forfeiture of Property)
Act, 1976 128
Preventive Detention Act, 1950 140
West Bengal Prevention of Violent Activities Act, 1970 146
Maintenance of Internal Security Act, 1971 151
SUBJECT INDEX?162
