Preventive Detention under NSA Challenged for Non-Supply of Material: Supreme Court

The Supreme Court heard a habeas corpus petition challenging the preventive detention of climate activist Sonam Wangchuk under the National Security Act.

The Court observed that personal liberty cases cannot be delayed and proceeded with the hearing despite the Union seeking time. 

It was argued that Wangchuk was not present in the videos relied upon for his detention and that crucial material was never supplied to him. The Court held that the non-supply of relied documents strikes at the detenue’s right to make an effective representation under Article 22.

It observed that reliance on irrelevant or stale material renders preventive detention legally unsustainable.