VALIDITY PREVENTIVE DETENTION LAWS

TAHIR (Querist) 30 April 2010 This query is : Resolved
RESPECTED SIR, I HAVE A MOOT COURT PROBLEM, CONSTITUTIONAL VALIDITY OF PUBLIC SAFETY ACT[THIS IS AN ACT OF KASHMIR].UNDER THIS ACT A PERSON CAN BE PREVENTIVLY DETAINED. THIS IS ALMOST SIMILAR IN NATURE OF NATIONAL SECURITY ACT.I AM ON STATE SIDE AND I HAVE TO DEFEND THIS LAW. SO PLEASE PROVIDE ME MATERIAL IN MY SUPPORT.

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Kiran Kumar (Expert) 30 April 2010
better take any book on constitution of India and read the interpretation on Art.21.

u ll find ur answer.

Guest (Expert) 04 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE PREVENTIVE DETENTION KINDLY NOTE THAT.

1.THE VALIDITY OF ANY ACT PASSED BY THE CENTRAL OR STATE GOVT.IN CASE YOU WANT TO CHALLENGE CAN BE CHALLENGED IN HIGH COURT /SUPREME COURT.THERE IS CERTAIN PROCEDURE FOR THAT.AS YOU ARE STUDENT YOU NEED NOT GO IN TO DETAILS.
2.THE ACT YOU HAVE MENTIONED ,KINDLY REFER THE BARE ACT OF THE SAID ACT AND MOST OF YOUR DOUBTS WILL GET CLEARED.THE RELEVENT PROVISIONS OF CONSTITUTION OF INDIA AS ALREADY SUGGESTED MAY KINDLY BE REFERED.
3.KINDLY NOTE THAT ANY ACT WILL BE VALID TILL THE PROVISIONS ARE AMMENDED BY THE PARLIAMENT OR PROVISIONS ARE QUASHED BY THE SC.
YOU MAY TAKE THIS STAND TO SUPPORT YOUR ARGURMENTS.
GOOD LUCK.
THANKS.

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