Does democracy die when someone is detained without trial?

Abstract

Article 22 of Indian constitution mandates to every person that they cannot be arrested arbitrarily. However, there are few exemptions to this, one being the case of preventive detention. Under acts such as National Security Act, 19801; Unlawful Activities (Prevention)2 Act, 1967; and COFEPOSA Act, 19743. In Maneka Gandhi v. UOI4, we increased the facets of Article 21 about life and personal liberty. Here, the court gave Due process Doctrine, holding that the law should be just fair and reasonable. However, how is it fair or even close to being reasonable to hold someone accountable and arrest them? Without letting them have a stand to prove whether such an accusation is true or false! What’s the point of law, when it cannot even upheld justice!