FACTS: The petitioner was detained under the Preventive Detention Act (Act IV of 1950) In this act, an action is taken beforehand to prevent possible commitment of a crime. Preventive detention thus is action taken on grounds of suspicion that some wrong actions may be done by the person concerned The petitioner applied under Article 32 of the Constitution for his releose from detention, on the ground that the said Act controvened the provisions of Articles 13, 19, 21 ontd 22 of the Constitution and was consequently ultra vires and that his detention was therefore illegal.
HELD: The Court held that the Preventive Detention Act does not abridge the detoinee’s righto freedom guaranteed under the provisions of Article 19 of the Constitution Delinking Article 19 from Aricle 21, the court held that the protection given by Article 21 is more generol in nature; while Article 19 gives rights specifically only to the citizenis of India while Article 21 is opplicable to all persons. Reinterpreting Article 21,the Court said that the words “procedure established by law in Article 21 ore different from “due process” os mentioned in the United States Constitution in a similar provision
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