Dhanya M vs State Of Kerala 2025 INSC 809 - Preventive Detention - KAAPA
Constitution of India - Article 21, 22(3) -The provision for preventive detention is an extraordinary power in the hands of the State that must be used sparingly. It curtails the liberty of an individual in anticipation of the commission of further offence(s), and therefore, must not be used in the ordinary course of nature. The power of preventive detention finds recognition in the Constitution itself, under Article 22(3)(b)- The power of preventive detention is an exception to Article 21 and, therefore, must be applied as such, as an exception to the main rule and only in rare cases - Referred to Mortuza Hussain Choudhary v. State of Nagaland
Kerala Anti-Social Activities (Prevention) Act, 2007 - Distinction between public order as also law and order situations - Referred to Nenavath Bujji etc. v. State of Telangana [Context: While quashing a detention order, SC observed: The circumstances pointed out in the order by the detaining authority may be ground enough for the State to approach the competent Courts for cancellation of bail, but it cannot be said that the same warranted his preventive detention.]
