Enforcement of Preventive Detention Law in Manipur

Abstract

The preventive detention laws have been invoked and used vigorously to detain members of outlawed organizations in the insurgency affected state of Manipur for the last many years. It is well settled that the detention of a person under the preventive detention laws is not to punish him for something he has done but to prevent him from doing it. Since the detention is made on the basis of subjective satisfaction of executive, the preventive detention laws are being extensively abused and misused, especially in the NE state of Manipur. In the catena of cases decided by the constitutional courts of India held that if the detaining authority is aware of the fact that the detenu is in custody and the detaining authority is reasonably satisfied with cogent materials that there is likelihood of his release and in view of his antecedent activities he must be again detained so as to prevent him from indulging in such prejudicial activities, the detention order can validly be made. It is pertinent that the order of detention of a person shall, obviously deprive of his cherished rights and freedoms; henceforth, the laws pertaining to preventive detention need to be meticulously invoked and followed substantively and procedurally by the concerned authority. The paper also examines the recent trends of the High Court of Manipur in issuing the writ of habeas corpus against the misuse of preventive detention laws by executive authorities in the state of Manipur.