The Law of Detention | CLAT 2027 | Mission 25 Current Affairs | Divya Kumar Garg

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In this Mission 25+ session, Divya Sir takes up preventive detention and the question of how a democracy justifies locking someone up without a trial. The class covers what preventive detention is and how it differs from punitive detention, the constitutional basis in Article 22 and the safeguards it carries — the role of the Advisory Board, the maximum period, the grounds that must be communicated to the detainee — and the protections under Article 22 that are expressly withheld from a person detained under a preventive detention law. It works through the statutes that operate in this space, including the National Security Act, 1980 and the state public safety legislation, and the standards courts have insisted on when reviewing a detention order.

The class also covers the Supreme Court's recent ruling in the Sambhal violence matter, where the Court quashed a detention under the National Security Act and held that a confession made in police custody cannot by itself sustain a preventive detention order, along with the costs imposed on the state government in that case. A topic that sits exactly where constitutional law and current affairs meet, and one CLAT 2027 can test from either direction.

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