The letter highlighted over two dozen legislations in place, including at the State and Central levels, that provide for preventive detention.
The open letter was prompted by the March 15 constitution of a three judge Advisory Board comprising Delhi High Court Justices, under the National Security Act.
“An important constitutional amendment is on paper only” the letter stated, explaining how other democracies like Japan, America and the UK have such laws only during war time.
The letter also pointed out that when the 44th Amendment was introduced, then Union Law Minister Shanti Bhushan had emphasised the need to have safeguards in the unpopular law, while late Senior Advocate Ram Jethmalani had said it must cease to be a feature of the Constitution so that no ‘future dictator’ could arrest critics.
The letter also cited the Supreme Court decision in AK Roy v. Union of India where the Court had refused to issue a writ of mandamus to implement the 44th Amendment on the ground that it is the prerogative of the government.
Highlighting the time that has lapsed since the passing of the amendment, the letter said urging the Law Minister Kiren Rijiju as well Members of Parliament to enforce the same by notifying it.
Source: Barandbench
