In instances where the security of Bengal necessitates the imposition of personal restraint on individuals, even in the absence of adequate grounds for initiating judicial proceedings, or when such proceedings may not be suitable for the circumstances or may be deemed inadvisable or inappropriate; And recognizing the importance of ensuring that, in all cases of the aforementioned nature, decisions for personal restraint should promptly emanate from governmental authority; And considering that justice demands periodic review of the grounds for determining the imposition of personal restraint on any individual, outside the realm of judicial processes, and that affected individuals should have the liberty to bring to the Government's attention any circumstances pertaining to the supposed grounds of such determination or its execution; And acknowledging the necessity, in the pursuit of justice, to attend to the well-being of every State prisoner held under this Regulation, ensuring adequate provisions for their support based on their social standing and personal needs, as well as those of their families; And recognizing that the aforementioned reasons occasionally require the attachment and temporary management of the estates and lands of zamindars, talukdars, and others by Revenue Authorities without resorting to judicial proceedings; And deeming it essential to establish legal provisions that safeguard the just rights and interests of individuals whose estates may be subject to attachment under the direct authority of the Government;[4] The regulatory framework outlined in the aforementioned context holds paramount significance in striking a delicate balance between the imperative of ensuring security in Bengal and safeguarding individual rights.
The acknowledgment of the well-being of state prisoners and the provision for adequate support based on social standing and personal needs exemplifies a humane approach within the regulatory framework.
The temporary attachment and management of estates and lands without resorting to judicial proceedings reflect a pragmatic approach to addressing security concerns promptly.
Establishing legal provisions to safeguard the rights and interests of individuals affected by such actions demonstrates a commitment to preventing arbitrary exercises of authority, and ensuring a fair and just process.
By prioritizing efficiency, transparency, and humane treatment, the framework establishes a comprehensive approach to address security concerns while upholding the principles of justice and fairness.