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Q. Which of the following protections is/are available as a fundamental right under the constitution to a person detained under a preventive detention law?
1. The grounds of detention should be communicated to the detenu even if it is against the public interest
2. The detenu must be released after 24 hours unless the magistrate authorises further detention.
3. The detenu must be offered an opportunity to make a representation against the detention order.
Select the correct answer using the code given below.

  • (A) 3 only
  • (B) 2 and 3 only
  • (C) 2 only
  • (D) 1 and 3 only
  • Correct Answer - Option(A)
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Explanation by: Admin
• Article 22 grants protection to persons who are arrested or detained. Detention is of two types, namely, punitive and preventive. Punitive detention is to punish a person for an offence committed by him after trial and conviction in a court. Preventive detention, on the other hand, means detention of a person without trial and conviction by a court. Its purpose is not to punish a person for a past offence but to prevent him from committing an offence in the near future.

• Article 22 has two parts—the first part deals with the cases of ordinary law and the second part deals with the cases of preventive detention law.

• The second part of 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:
o 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.
o The grounds of detention should be communicated to the detenu. However, the facts considered to be against the public interest need not be disclosed.
o The detenu should be afforded an opportunity to make a representation against the detention order.

• A person has the right to be released after 24 hours (unless the magistrate authorises further detention) only if he is arrested under ordinary law. It is not applicable in case of preventive detention law. Hence, only statement 3 is correct.

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