Individual cannot decide how law enforcement agency should act & when to invoke powers under Preventive detention law: Telangana HC

7Jan,2021

Individual cannot decide how law enforcement agency should act & when to invoke powers under Preventive detention law: Telangana HC

In one of the most important ruling, the Telangana high court has held that it is not for the citizens to determine how the law enforcing body should act. Rather, it is for that agency to come to subjective satisfaction of the need to resort to preventive detention.
The bench led by justice P. Naveen Rao observed that the court cannot Mandate the authority to do a particular act, in a particular manner because the petitioner thinks that such course has to be adopted.
The matter before the court was related to the plea filed by a citizen complaining that the law enforcing agency failed to invoke the powers under the Act 1 of 1986.
The petitioner filed a plea alleging that the respondents 4 and 5 harassed and abused him by using foul language on the caste name, and confined him in the gram panchayat office.
The court noted that the power of detention is not to be exercised as matter of course as it violates and offends the most sensitive right that is right to life, liberty and privacy. There are three primary requirements which need to be answered by the law enforcing agency before invoking the provisions of Section 3 of the act, 1986.