Under clause (7) Parliament can legislate with regard to the maximum period of preventive detention. I want, Sir, that in every case of preventive detention. the detenu’s case must be referred to the Advisory Board,–in all cases. If the State, if the Government, wants to detain him for a longer period than three months, his case must be referred to the Advisory Board, whatever the class of case it may be; but as the clause stands, the word “or” complicates and vitiates the whole situation. Therefore I propose to substitute the words “or” by the word “and”, so that every person must be detained under the law of preventive detention and that person’s case must be referred to the Advisory Board in case of detention for a longer period than three months. These are the conditions which must be satisfied before the person can be detained for a period longer than three months. Therefore I suggest that the word “or” in clause (4) may be replaced by the word “and”. My amendment No. 581 seeks to do that.
