Preventive Detention Law | Part 1 | Dr. R. Alagumani, Advocate - High Court | Judicial Exam | MBA

Hinzugefügt: 2026-05-12

[00:00:02]mother in America 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 911 Preventive detention law.

[00:02:30]Practice angle.

[00:02:32]No one examination angle.

[00:02:36]Practice oriented.

[00:02:40]The examination oriented and then.

[00:02:45]Both. Okay.

[00:02:53]Tamil Nadu syllabus.

[00:02:55]Other state and national syllabus.

[00:02:59]Article 22 Constitution and the part.

[00:03:02]The Constitution and Article 22.

[00:03:09]I don't want to be in a preventive detention.

[00:03:11]Article 22.

[00:03:19]Junior advocates.

[00:03:25]Questions.

[00:03:54]Data.

[00:03:55]data uh crime records bureau national uh home ministry and the home ministry of India and the overall summary crime records India prison statistics in India and so on and so forth uh publication and the portal online and so on and so forth uh search panel download 2021 uh India for the detention 51.2% of the preventive detention passed in the state of Tamil Nadu. That is more than 50% of the detention contributed by the our state. It was a truth. And then after that you know uh Tamil Nadu 51% second place Telangana 11.4 third place 10.7 less than 10% and the state number minimal detention and so on and so forth and then after that practical aspect and so on and so forth 2022 2200 habeas corpus challenging the preventive detention order in Madurai and as well as Madurai High Court and then after that Madurai High Court almost 2236 and then after that 23 and then after that January to August 16th and so on and so forth uh Madurai bench almost habeas corpus petition and so on and so forth uh file and so on So it was a data habeas corpus petition and so on and so forth and so on and so forth uh challenging the illegal custody non statutory custody and so on and so forth and so on and so forth uh statutory challenging the detention order non statutory and so on and so forth uh illegal custody by the state agency or by private individual or the uh personal liberty curtailed and so on and so forth uh habeas corpus writ petition and so on and so forth and then after that detention by the authority competent authority.

[00:05:54]The detention order detention order The detention preventive detention order independence period they went to arms dealer.

[00:06:13]pre-independence day struggle not good The Bengal prisoners acting with the Rowlatt Act The Rowlatt Act India India independence They are going to be fighting in a 47 independence.

[00:06:37]A 50 wedding India detention with the preventive detention 1950 only to tell you constitution states Hyderabad Kashmir Northeast Union India join someone to my many original about the control Honorable Minister Patel legislation parliament a place criminal debate If you know what is freedom independent preventive detention fully debate I think we need period one year preventive control preventive detention act control one year control parliament accept about tell you Gopalan case law AK the state of Madras on the case 1950 freedom fighter communist leader a constitutional validity of the and the first detention in area personal liberty preventive detention balance in the first case law decide when you the judgment and go through on the periodically when the one year periodically on the act when the extend extend I take over I take over when you do first emergency first emergency up on the teacher India law 26 10 1962 first emergency the emergency when you prevent the detention act when you other than the pair when the defense of India act 1962 act 262 rules 62 you bought the new legislation and it is not working now you put it in the legislation when you but they cannot national security I think about Tamil Nadu act number 14 of 1982 coffee was a act number of popcorn I mean black marketing act popcorn in the element in the kitty cat I think about Tamil Nadu when you open the door to go to preventive detention when the 1962 act when you bought the new number the ground I could have when the heaviest corpus put the detention challenge when you I think about when you bought the I think about when the detention article 225 when the inner circle Indian constitution I think about grounds of detention on the communication for more than 60 days or more.

[00:09:41]car and angle the grounds the detail of the cell phone number I love you sexy within 5 days left.

[00:09:50]I don't want to do good luck number 14 National Security Act 11 at the time. I frame and one guy.

[00:09:57]I know what do you know and the 1962 at the grounds of detention and the communication of the way that I like.

[00:10:05]Even without communicating the grounds of detention a citizen of India can be detained under the defense of India Act 1962.

[00:10:14]When the I don't know what do you know?

[00:10:16]Article 22 Indian constitution of India 11 at the 22 sub class 45. I love you.

[00:10:24]No person shall be detained for more than 3 months without obtaining the opinion from the advisory board and what do you know? Can I book which are you going to die?

[00:10:33]Soft copy which are you going to do it with?

[00:10:35]So you ever want to worry more than 60 days? I don't know what do you know not more than 3 months. What advice are you going to do with the opinion in the detention detail for more than 60 days?

[00:10:43]I love you.

[00:10:44]Indian constitution of India 11 at the defense of India I love you and what do you do with the proceedings of the 60 days? I love you.

[00:10:52]I don't know what do you know maximum period of detention only 3 years 14 1 year maximum period of detention.

[00:10:59]National Security Act 11 year a block marketing prevention of block marketing at the 11 year maximum period of detention only 6 months.

[00:11:07]I don't know what do you do with the 11 year if necessary.

[00:11:10]I don't know what do you do with the 60 days extension for more than 60 days. I love you.

[00:11:14]I don't know what do you do with the maximum period of detention only 3 years 14 1 year maximum period of detention only 6 months. I love you and what do you do with the I don't know what do you do with the question and what do you do with the question and what do I don't know what do you do with the 60 days extension for more than 60 days. I love you and what do you do with the 11 year maximum period of detention only 6 months. I love you and what do you do with the 11 year maximum period of detention only 6 months. I love you and what do you do with the 11 year maximum period of detention only 6 months. I love you and six months under the certain thing six months National Security Act Act 14 of Act and the prevention of black marketing act and all that kind of little bit confusion at black marketing act and all that kind of under under the question under the current So no maximum period of detention was mentioned in the particular act.

[00:12:14]1962 uh emergency and that act and all that kind of detention and all that kind of Supreme Court challenge and all that kind constitutional validity of the the defense of India Act and rules and challenge and all that kind of Mohan Choudhary versus Chief Commissioner Mohan Choudhary versus Chief Commissioner case Chief Commissioner Union Territory of Tripura citation of the 1964 Supreme Court 173 1964 Supreme Court 173 challenge Supreme Court uphold the constitutional validity of the defense of India Act and rules 1962 and all that kind of third emergency third emergency 1965 June fifth the relevant period in the detention 75 emergency and 71 and all that kind of preventive detention India and all that kind of and all that very popular legislation preventive detention legislation yes MISA MISA expansion and all that kind maintenance of internal security act 1971.

[00:13:31]constitutional validity of challenge for the case that number of Habeas Corpus case in what is called Habeas Corpus case in India.

[00:13:39]ADM Jabalpur versus Shivkant Shukla. So, ADM additional district muncif So, detention order passed on the case of the background of the deal.

[00:13:52]India maintenance of internal security act law detention order pass for the hunger and then the high court challenge for the hunger many high court and then detention order pass for the hunger good law and then pass by maintenance emergency period law high court and then Habeas Corpus jurisdiction and then exercise for the hunger being there questions and then different high courts and then different opinion there are and then supreme court and then case you I want to refer for me I want to supreme court and then decide for the hunger being there except honorable justice HR Khanna J Thavera mother judges and then anonymous opinion for the hunger So, I don't hold for the hunger MISA act of court for the hunger justice HR Khanna and then dissenting opinion for the hunger and then dissenting opinion and then being there and then case law and then majority opinion and then more of the deal I want to deal Maneka Gandhi case Maneka Gandhi case law chair Khanna J ADM Jabalpur and then for the hunger I want to majority opinion and then more of the deal human subsequently I want to deal author case personal liberty case India law another other card case Putul Sam Putul Sam law ADM Jabalpur and then discuss for the hunger discuss for the hunger I want to deal opinion and then for the overall opinion personal liberty new dimension for the hunger being there honorable supreme court and then for the hunger being there and then law of the deal So, I want to deal AK Gopalan view ADM Jabalpur view more of the deal being there subsequent after emergency even Menaka Gandhi case judgements must read Indian Supreme Court order judgements now.

[00:15:46]judgements reading AK ADM Jabalpur Menaka Gandhi Putta Swami reading Supreme Court after emergency period reading the problem 1980 law the National Security Act National Security syllabus reading the act National Security the act constitutional validity of the challenge Supreme Court and I don't know what is in the questions about constitutional validity of the and the challenge reading the problem We want to know about National Security Act constitutional validity of the and the challenge problem.

[00:16:35]Supreme Court consider problem reading the problem and the National Security Act syllabus reading the problem and the and the challenge reading the problem AK versus AK case constitutional validity of National Security Act constitutional bench consider problem and the and the National Security Act constitutional valid reading the Supreme Court reading the problem So AK case reading the problem the rules and reading the problem and the rights of the problem reading the emergency of the what are all the rights of the preventive detention reading the problem and the AK case reading the problem and the consider problem and the and the advocate preventive detention prisoner represent before the advisory board and the case Mhm.

[00:17:27]convict prisoner under trial prisoner remand prisoner convict prisoner preventive detention prisoner uniform uniform preventive detention prison Mhm.

[00:17:45]Mhm.

[00:17:46]Mhm.

[00:17:48]Mhm. Mhm.

[00:17:51]Supreme Court preventive detention dresses prison Mhm.

[00:18:02]detain prison nearer to his ordinary place of residence.

[00:18:10]detain Mhm.

[00:18:15]Mhm.

[00:18:16]interview family members family members interview Mhm.

[00:18:28]communicate relating place of detention and detention to the family members Mhm.

[00:18:38]Mhm.

[00:18:40]during the emergency Mhm. Mhm.

[00:18:44]detain Mhm.

[00:18:46]detain Mhm.

[00:18:49]Mhm. Mhm. family members Mhm.

[00:18:52]detention communication family members Mhm.

[00:18:57]Mhm.

[00:18:58]Mhm.

[00:18:59]rights preventive detention Mhm. constitutional Mhm. constitutional Mhm.

[00:19:07]Mhm. Mhm.

[00:19:09]Mhm.

[00:19:12]preventive detention Mhm. questions number 11 30 article 22 article article 22 freedom of arrest and detention article the title freedom equality preamble in a 22 minute in a day in a freedom freedom against article 22 article 22 dealing with freedom right to freedom freedom of equality relating to preamble in a minute slowly I didn't get that I didn't get that but they didn't tell me 30 minutes questions when they get the one of the questions article 22 questions when no person being informed okay I did that huh hmm so you can bubble article 22 explain when you get it so so you can number that you can hmm you have to say it in a minute hmm hmm >> Mhm.

[00:21:12]Mhm.

[00:21:13]Consult for now.

[00:21:15]I didn't have class with it.

[00:21:17]In the classroom.

[00:21:18]I'm going to article 22 that I can class with it.

[00:21:21]22 on the production against arrest and detention in certain cases and so on and so on.

[00:21:26]Subclass one one to start so that no person who is arrested shall be detained in custody without being informed. You know so that I get without being informed on the no arrest.

[00:21:40]Okay, who is arrested and detained in custody shall be produced to the So you know without being informed on the what arrest as soon as maybe of the grounds for such arrest. Not shall be denied the right to consult and to be defended by a legal practitioner of his choice.

[00:21:57]So right to consult with a legal practitioner. You don't want to do fundamental right.

[00:22:01]And then right to be informed about the arrest. Only to tell you in the point there number of cases when they do uh India when the legal services authority free legal aid movement and then all of them emerge on the origin article 20 sub class one and then the personal liberty level a very important thing is there. I would like to get professional number right on the base of the article 20 subclass one one and so on 22 one. So subclass two but in every person who is arrested and detained in custody shall be produced before the nearest within a period of 24 hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the set period without the authority of a So another part two and I saw the wrong way. And the second class So produce before the land judicial magistrate within a period of 24 hours.

[00:23:01]So and all of them more than one and all of than 100 50 to 60 + 100 and 200 fundamental right.

[00:23:09]A clear idea.

[00:23:10]I think exception class 1 is sub class 3 or otherwise you can pop up.

[00:23:21]Okay, I had to put that in first class with the enemy alien and put that in.

[00:23:25]The right to sub class 1 and 2 enemy alien 202 B.

[00:23:34]Or preventive detention.

[00:23:36]So, the other person I can give you a preventive detention and put that in right to consult with a lawyer produced before the nearest magistrate within 24 hours right to be informed. You want to get exception to the criminal.

[00:23:48]So, you do me one more question I can come on the subway ticket.

[00:23:51]But sub class 4 and I saw in the park.

[00:23:53]So, you can go to sub class 4 you have to ask again.

[00:24:06]Unless an advisory board or for such detention provided that nothing Mhm.

[00:24:44]Mhm.

[00:24:53]Mhm.

[00:24:56]Mhm.

[00:24:58]Mhm.

[00:25:04]>> Mhm.

[00:25:06]Okay.

[00:25:16]for a longer period than 3 months.

[00:25:23]Unless who are or have been or are qualified to be appointed as judges of High Court has reported before the expiration of said period of 3 months.

[00:26:22]opinion from the advisory board for the what period a person can be detained or detaining authority 12 days on the passport for the period of 12 days only come unless otherwise it is approved by the state government.

[00:27:14]Other national security act or another city another Gundas act or another city and the block marketing act except coffee booster.

[00:27:29]So once when the government within 12 days other under detention order with the natural death of it. City government within 12 days approved by the government I mean other question and I am getting now all document placed before the advisory board within 3 weeks relating to act number 14 of 1982.

[00:27:57]For detention order for the moment 3 weeks and all relevant document shall be placed before the advisory board. So advisory board opinion but you know within the period of 7 weeks to the government. Government advisory you know Yeah and getting the constitution 22 sub class you know so 3 months mail on the advisory board opinion I can do the sub class force for another 3 months for the government decide you know another advisory board 7 weeks for the government I want advisory board within I want opinion of government for the moment.

[00:28:31]Opinion of every government you know after here the detail now after here the a detail representative of the detailing authority after peruse through the document grounds of detention type set and representation if any and after oral representation from the detainee and his family members and the sponsoring authority, the advisory board form an opinion and communicate to the government.

[00:28:56]Government advisory board opinion within a period of 7 weeks.

[00:29:00]And the opinion based on the government advisory board total opinion on the the detention order when there is no sufficient grounds for passing detention order against a particular person or opinion put down or not government have no other no other option except revoke the detention order. Advisory board on the no sufficient reason government other one revoke the order other post money down.

[00:29:25]Government order pass money down.

[00:29:27]And advisory board on the there is sufficient reason to get detention maybe order maybe continued opinion really I'm going to opinion put down I will put down government in and say long.

[00:29:39]Government have independent power for revocation of detention order at any point of time. Even not within under 3 months period period.

[00:29:50]Yeah, even after the honorable high court corpus petition dismiss money order money order government can revoke the detention order.

[00:30:01]So the order against the order order.

[00:30:02]Government order particular person or opinion put down or not detention order put down high court confirm money advisory board confirm money high court confirm money.

[00:30:13]Other government first money confirm money order put down subsequent revocation order put down.

[00:30:19]Other money order money order money order money order I will put down money order money order money order I will put down money order money order money order money order money order money order money order money order money order money order money order money order money order money order money order money order money order money order money government order money order money order money order money order money order money order money order money order money order money order money order money order I will put down money order money order money order money order money order money order money order money order money order money order money order money order money I will put down money order money order money order money order money order money order money order money order I'll give it to me to my daughter government order pass for me cases in the money even before anytime when the government can revoke its own order one or two of them are going to So in the period when questions when in the money came in the came in the money but in the dates when you were going a little bit going to be confusing at all I don't want to confuse people and I don't know when the timing I don't know if you can get what I did in the authority the government approval and the detention order before the government approval detention authority detention order and the passport under act number 14 of 1982 and the other thing is I remember you came in the question I remember government approval government approval detention lapse Tamil Nadu number 14 prevention black marketing national security 12 days I remember advisory opinion the government detention 3 months period government advisory opinion place in the 3 weeks advisory opinion 7 weeks So government when the and the 3 months detention government approval advisory opinion I think I'm going to go one extend order procedure question money money money questions answer answer sorry government statement answer confuse C matter all correct so now yellow but uh yellow answer but but government government government answer mere most but answer now government question but government government act getting but state procedure state but but money government but but government but but but but but but government but but but but but but but but but but government but but but but but but but government but but but government but but but but but but but government but but but but but but but government but but but but but but but government but but but but but but but government but but but government government government dangerous government but cyber law offenders drug offenders, forest offenders gundas, immoral traffic offenders sand offenders, sexual offenders slum grabbers video pirates economic offenders, biomedical waste offenders act You don't want to act or to pay.

[00:35:00]I don't know what you think of that.

[00:35:02]If you know something about classification of criminal and non-criminal activities, but for the one that I'm not going to proceed and get into gundas up in the inner and getting over prejudicial of involving the activities which is prejudicial to the maintenance of public order.

[00:35:19]I don't know what we do to your law and order public order and the difference is for the one that I'm going to certainly going to I don't know what I'm going to do to the video say but I don't know what I'm going to do to the video now.

[00:35:30]I don't know what I'm going to do to the video say but I don't know what I'm going to do to the video now.

[00:35:35]I don't know what I'm going to do I don't know what I'm going to do to the video say but I don't know I don't know what I'm going to do to the video say but I don't know what I'm going to do to the video now. I don't know what I'm going to do I don't know what I'm going to do to the video say but I don't know what I'm going to do to the video now.

[00:35:46]I don't know what I'm going to do to the video say but I don't know what I'm going to do to the video I don't know what I'm going to do to the video say but I don't know what I'm going to do to the video now. I don't know what I'm going to do to the video say but I don't know what I'm going I don't know what I'm going to do to the video I don't know what I'm going to do to the video say but I don't know what I'm going to do to the video say but I don't know what I'm going to do to the video now.

[00:36:03]I don't know what I'm going to do to the video say but I don't know what I'm going to do to the video now. I don't know what I'm going to do to the video I don't know what I'm going to do to the video say but I don't know what I'm going to do to the video now. I don't know what I'm going to do