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Preventive detention is an extraordinary power in the hands of the state that must be used sparingly, said the Supreme Court as it set aside an order to detain a man indulging in money lending in Kerala.
As reported by PTI, A bench of justices Sanjay Karol and Manmohan said 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 in cases against him, but it cannot be said that the same warranted his preventive detention.
“Therefore, the order of detention dated June 20, 2024, and the impugned judgment dated September 4, 2024, passed by the High Court of Kerala at Ernakulam are hereby set aside. In the attending facts and circumstances of this case, the appeal is allowed,” the bench said in its order passed on Friday.
Noting that the power of preventive detention finds recognition in the Constitution under Article 22(3)(b), the bench said, “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 bench said the contention of the detaining authority that the detainee, Rajesh, who used to run a private financing company called ‘Rithika Finance’, was violating the conditions of bail imposed upon him in the cases that have been considered for passing the order of detention.
It said that pertinently, no application has been filed by the respondent in any of the four cases, alleging violation of such conditions, if any, and moreover, have not even been spelt out during the hearing of the case filed by his wife against the Kerala High Court order, which affirmed the preventive detention order of the Palakkad district magistrate.
