Q. With reference to provisions of preventive detention under Article 22 of the Constitution, which one of the following statements is incorrect?

[A] Every person under detention must be produced before the nearest magistrate within a period of twenty-four hours of such arrest.

[B] The Parliament can prescribe the maximum period for which a person can be detained.

[C] The State legislature can also make laws regarding preventive detention.

[D] Protection under a preventive detention law is available to both citizens as well as foreigners.

Answer: A
Notes:

Exp) Option a is the correct answer.

Statement a is incorrect. Article 22 (2) provides that: Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest. However, this provision is applicable for punitive detention and not preventive detention.

Statement b is correct. Article 22 authorizes the Parliament to prescribe the maximum period for which a person can be detained in any classes of cases under a preventive detention law.

Statement c is correct. The Parliament as well as the state legislatures have authority to make a law on preventive detention for reasons connected with the security of a state, the maintenance of public order and the maintenance of supplies and services essential to the community Statement d is correct. Protection under a preventive detention law, under Article 22, is available to both citizens as well as foreigners. It states that the grounds of detention should be communicated to the detenu. However, the facts considered to be against the public interest need not be disclosed. The detenu should also be afforded an opportunity to make representation against the detention order.

Blog
Academy
Community