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Clause By Clause, Taking Liberties With Human Liberty


Clause By Clause, Taking Liberties With Human Liberty
Among all our laws, Section 43D(2) of UAPA is arguably the most violative of principles of justice it totally eclipses procedural fairness, and permits pre-trial incarceration up to 180 days
Radhika Chitkara, Vikas Kumar
2021-04-19T13:05:47+05:30
Clause By Clause, Taking Liberties With Human Liberty
outlookindia.com
2021-04-19T14:57:24+05:30
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Article 21 of the Constitution, which guarantees the right to life and liberty, also mandates that any limitation of these fundamental rights must adhere to just, fair and reasonable procedures. The due process set out in the law to guarantee this states that every time a person is arrested, she must be brought before a judicial magistrate within 24 hours. Any further detention must only be based on a judicial order with the magistrate independently deciding whether the person should be detained or not. The judicial s ....

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