Which of the following statements with regard to preventive detention

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

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1. The detenu has no rights other than those mentioned in clauses (4) and (5) of Article 22 of the Constitution of India.
2. The detenu can get bail on the ground that he had been in prison beyond twenty-four hours without an order of the magistrate.

Select the correct answer using the code given below :

1 only

2 only

Both 1 and 2

Neither 1 nor 2

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC SO-Steno – 2017

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Statement 1 is correct. Article 22 of the Constitution deals with protection against arrest and detention. Clauses (1) and (2) provide rights to persons arrested under ordinary law (right to be informed of grounds, right to consult a lawyer, and production before a magistrate within 24 hours). However, Article 22(3)(b) explicitly states that clauses (1) and (2) do not apply to persons arrested or detained under any law providing for preventive detention. The rights specifically granted to a person under preventive detention are contained in Article 22(4) and (5), which relate to the maximum period of detention without reference to an Advisory Board and the right to be informed of the grounds of detention and make a representation. Within the framework of Article 22 concerning detention rights, these are the only rights available to a detenu.
Statement 2 is incorrect. The requirement to produce an arrested person before a magistrate within 24 hours is under Article 22(2), which, as per Article 22(3)(b), does not apply to a person detained under preventive detention law. Therefore, failure to produce within 24 hours is not a valid ground for bail or release for a preventive detenu under this constitutional provision.

Article 22 distinguishes between rights related to ordinary arrest/detention and preventive detention; specific safeguards for preventive detention are outlined in clauses (4) and (5), excluding those in (1) and (2).

While Article 22(1) and (2) do not apply, a detenu still has other fundamental rights, but their enforcement can be limited by the preventive detention law itself, provided it is constitutional and follows procedures like Advisory Board review. The Supreme Court has also held that the detenu has a right to effectively represent against the detention order.

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