Which of the following statements with regard to preventive detention in India is / are correct?
- 1The detenue has no rights other than those mentioned in clauses (4) and (5) of Article 22 of Constitution of India
- 2The detenue has a right to challenge the detention order on the ground that he was already in jail when the detention order was passed
- 3The detenue can claim bail on the ground that he has been in prison beyond twenty-four hours without an order of the magistrate
Select the correct answer using the code given below:
- A1 and 2 only
- B2 only
- C3 only
- D1, 2 and 3
Explanation
Statement 1 is correct: a person under preventive detention cannot claim the Article 22(1)-(2) safeguards available against punitive detention; his constitutional protections are confined to clauses (4) to (7) of Article 22. Statement 2 is correct: courts have recognised that a detention order can be challenged where the detaining authority was unaware that the person was already in custody. Statement 3 is wrong: the 24-hour production-before-a-magistrate rule in Article 22(2) applies to arrest and punitive detention, not to preventive detention. Statements 1 and 2 are correct, option (A).