In Dhanya M vs State of Kerala & Others judgement, SC set aside the preventive detention under the Kerala Anti-Social Activities (Prevention) Act, 2007.
- The judgment by SC underscored the difference between 'public order' and 'law and order', citing SK. Nazneen v. State of Telangana (2023) and Nenavath Bujji v. State of Telangana (2024).
- The distinction between the areas of 'law and order' and 'public order' is one of degree and extent of the reach of the act in question on society.
- The detention orders were not justified as it was dealing with a law and order situation and not a public order situation as required in preventive detention.
About Preventive Detention
- Constitutional Provision:Article 22(3) allows the authorities to detain individuals for preventive reasons, such as the maintenance of public order or national security.
- Constitutional Safeguards:
- No preventive detention law should authorize the detention beyond three months unless an Advisory Board approves it.
- Grounds for preventive detention shall be communicated earliest.
- Provide the earliest opportunity of making a representation.
Key Supreme Court Judgments
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