Gujarat HC issued guidelines for state detaining authority: preventive detention not to be decided in a liberal manner

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Gujarat HC bench of Justice Vikram Nath and Justice J.B. Pardiwala said that the matters relating to preventive detention shall not be taken care of in a loose manner. It also added that it is very important to look into the grounds of detention and other matters relating thereto and also that the personal liberty of the detenue has been curtailed completely and the procedure is strictly followed.

The bench added that even if the counsel does not suggest then too it is the duty of the court to look into the matter. Whereas it is the duty of the officer of the court to assist and help the court in the correct manner and right direction.

The endeavor of the concerned AGP appearing for the State should not be only to defend the order of preventive detention at any cost even if he is convinced that that is not in accordance with law said the bench.