Supreme Court Slams Misuse of Preventive Detention to Circumvent Bail

Supreme Court Slams Misuse of Preventive Detention to Circumvent Bail

  • Case Name: Dhanya M v. State of Kerala

The Supreme Court of India has strongly criticized the misuse of preventive detention laws by state authorities to keep individuals in jail even after they are granted bail.

The Court quashed the preventive detention of Rajesh, a moneylender from Kerala, under the Kerala Anti-Social Activities (Prevention) Act, 2007.

The court observed that preventive detention is an exceptional measure and cannot be used as a substitute for criminal proceedings.

The Court stressed that the state must justify such detention with compelling reasons, which were absent in this case, making the detention arbitrary and unconstitutional.

Read Judgement / 5 months ago

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