SC Strikes Down Preventive Detention Order, Ruling Mere Bail Fears Insufficient

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In a significant ruling, the Supreme Court has declared that apprehension of a detainee engaging in crime if granted bail is not a valid ground for preventive detention. The court's decision, delivered on January 8, set aside the detention order of a woman from Hyderabad who was accused of being a 'drug offender' under the 1986 Telangana law. The bench of Justices J K Maheshwari and A S Chandurkar emphasized that the detention order must clearly outline how the maintenance of public order was affected or likely to be affected by the detainee's actions. In this case, the court found that the order failed to provide sufficient evidence to support the detention. The court noted that the detaining authority's fear that the woman would continue to engage in illegal activities if released on bail was not sufficient grounds for detention. The bench also pointed out that the conditions imposed on the woman during her earlier bail were not deemed sufficient to prevent her from committing similar offenses. The court further highlighted the distinction between 'law and order' and 'public order,' stating that mere registration of offenses is not enough to affect public order unless there is evidence that the narcotics dealt with by the detainee posed a threat to public health. Ultimately, the Supreme Court quashed the detention order and set aside the Telangana High Court's October 28 decision, directing the immediate release of the woman.