SC Restricts Misuse of Preventive Detention
In News
What Happened
Why It Matters
Background
History & Context
What Changed
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BEFORE: State authorities frequently used preventive detention acts to re-arrest individuals who had already secured bail from regular courts. NOW: The Supreme Court categorically ruled that the state must exhaust ordinary legal remedies—such as applying for the cancellation of bail—before resorting to preventive detention.
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BEFORE: The threshold between ordinary crimes and threats to society was often blurred by local magistrates to justify detaining financial or isolated offenders. NOW: The Court explicitly separated 'law and order' (isolated infractions affecting individuals) from 'public order' (actions affecting the community's even tempo), ruling that only the latter justifies preventive detention.
Prelims Angle
NCERT Connection
Practice Questions
Q1
Correct Statement(s)With reference to the Supreme Court's principles on preventive detention, which of the following statements is/are correct? 1. Preventive detention can be utilized as a substitute for ordinary criminal prosecution if an accused repeatedly secures bail. 2. To justify preventive detention, the actions of the accused must pose a threat to 'public order' rather than merely being a 'law and order' problem.