With regard to the second class of persons, i.e., persons who are, to be detained for security purposes, they are being given no rights worth the name in this article. Clause 3 (b) provides that “Nothing in this article shall apply to any person who is arrested under any law providing for preventive detention”, which means that the elementary right of not being detained beyond 24 hours except under the authority of a magistrate is being denied to the Person detained, and he can continue to be detained for any length of time, subject of course to certain provisions of the law under which he may be detained. But that is another thing. It may be said that no preventive law would provide for the arrest and detention of a person without the authority of a magistrate. That means that you are depending on the good sense of the legislature. If so, there is no occasion for guaranteeing anything in the chapter on fundamental rights. In this chapter we must provide for certain essential fundamental rights irrespective of the fact that the legislature may or may not be reasonable. So this right of not being detained except with the authority of a magistrate is not being conceded to a person who is to be detained for security purposes.
