Which of the following statements with regard to preventive detention in India is / are correct ? 1. The detenue has no rights other than those mentioned in clauses (4) and (5) of Article 22 of Constitution of India 2. The detenue has a right to challenge the detention order on the ground that he was already in jail when the detention order was passed 3. The detenue can claim bail on the ground that he has been in prison beyond twenty-four hours without an order of the magistrate Select the correct answer using the code given below :

Statement 1 is incorrect because the Supreme Court has held that a detenue's rights are not limited strictly to Article 22(4) and (5); they also enjoy rights under Article 21, such as the right to a fair procedure and legal representation [3]. Statement 2 is correct; judicial precedents establish that if a person is already in custody, the detaining authority must show awareness of this fact and provide cogent reasons why preventive detention is still necessary to prevent them from acting in a manner prejudicial to public order upon release. Statement 3 is incorrect because the right to be produced before a magistrate within 24 hours is a safeguard for punitive/ordinary arrest under Article 22(1) and (2), which specifically does not apply to persons detained under preventive detention laws [4].

Sources

1. [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 8 > p. 154
2. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > When a person has been arrested under a law of preventive detention- > p. 135
3. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > El l Protection Against Arrest and Detention > p. 92
4. [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > El l Protection Against Arrest and Detention > p. 91