Supreme Court Quashes 'Draconian' Drug Case Detention Orders

The Supreme Court annulled detention orders against Ashraf Hussain Choudhary and Adaliu Chawang in a drugs case, citing the lack of procedural safeguards. The court criticized the vague detention orders and set aside a previous Gauhati High Court ruling, deeming preventive detention a draconian measure demanding strict adherence to constitutional norms.

On Wednesday, the Supreme Court declared preventive detention a 'draconian measure' and nullified the detention of two individuals in a drugs-related case, citing insufficient safeguards. The duo, Ashraf Hussain Choudhary and his wife Adaliu Chawang, had been held under the NDPS Act, which allows preventive detention for drug trafficking prevention.

The bench, comprising Justices Sanjay Kumar and Augustine George Masih, found the detention orders to lack thorough consideration, terming them 'cryptic.' Consequently, it overturned the Gauhati High Court's dismissal of pleas against these orders, emphasizing that preventive detention severely limits personal freedom and requires strict compliance with legal norms.

The court highlighted failures by the Nagaland government's special secretary in justifying the detentions, noting no separate grounds were provided. The ruling criticized the reliance on inadequate proposals without adequate substantiation, deeming such action non-compliant with the NDPS Act, which mandates thorough assessment and explicit reasons for detention.