Preventive Detention

Current Context : In Dhanya M vs. State of Kerala & Others (2025), the Supreme Court set aside preventive detention orders under the Kerala Anti‑Social Activities (Prevention) Act, 2007, clarifying “public order” versus “law and order.”

About Preventive Detention

• Constitutional Provision: Article 22(3) allows preventive detention for public order or national security
• Safeguards:
  • Initial detention ≤ 3 months; extension only with Advisory Board
  • Detainee must receive grounds for detention at earliest and opportunity to make representation.
• Dhanya M Ruling:
  • Distinction: Law and order (ordinary offences) vs public order (wider threat to society).
  • Kerala Act misapplied for law‑and‑order situations; lacked requisite gravity for preventive detention.