Analysis
- India one of dew democratic countries to incl. PD
- PD against liberal democracy
- mere suspicion (not even committing the crime!)
- ironic ⟹ consti makers victim of such laws
- Mariappan v District Collector ⟹ PDL to prevent crime, not punish
- Abdul Kareem Case: Article 22 not mere formality
- PD must be used only in exceptional cases
- NSA 1980 must balance b/w pub interest and individual freedom
- > 75% NSA orders b/w 2018-20 found incorrect
- Allahabad HC overturned 94 cases by state govt reg NSA
- Courts face huge pendency; several months to get habeas corpus
- political victimization achieved
- PDL still imp for nat sec (naxalism, terrorism, insurgency)
- but need stricter checks and balances
- maintain balanced approach: individual liberty and security of state