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Supreme Court of India 2025-06-06 allowed

Dhanya M vs State of Kerala & Ors

Bench: 2 — Sanjay Karol, Manmohan

In Brief

A man accused of financial crimes was detained under the Kerala Anti-Social Activities (Prevention) Act. The Supreme Court quashed the detention order, holding that the facts did not constitute a 'public order situation' as required by law. Preventive detention is an extraordinary power that curtails liberty and must be used sparingly only in rare cases affecting the community at large. Here, the detaining authority failed to explain how the detenu's actions threatened public order, and ordinary remedies like bail cancellation were available. The Court emphasised that preventive detention cannot substitute for normal criminal procedure and that the authority must strictly justify such exceptional measures.

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Preventive Detention Constitutional Law Public Order Criminal Procedure Individual Liberty Administrative Law

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