August 3, 2021
2 mins read

Can’t detain person on possible apprehension of breach of law, order: SC

It noted this may be a good ground to appeal against the bail orders granted or to cancel bail but certainly cannot provide the springboard to move under a preventive detention statute….reports Asian Lite News

The Supreme Court on Monday observed that a possible apprehension of breach of law and order cannot become a ground to detain a person under a preventive detention law, as it rejected the contention that a liberal meaning must be given to the expression “public order” in the context of such a statute.

A bench of Justices R.F. Nariman and Hrishikesh Roy said: “It is clear that at the highest, a possible apprehension of breach of law and order can be said to be made out if it is apprehended that the detenu, if set free, will continue to cheat gullible persons.”

It noted this may be a good ground to appeal against the bail orders granted or to cancel bail but certainly cannot provide the springboard to move under a preventive detention statute.

The bench pointed out that mere contravention of law such as indulging in cheating or criminal breach of trust certainly affects “law and order”, but before it can be said to affect “public order”, it must affect the community or the public at large.

The Telangana government counsel argued that the detenu was a habitual fraudster who had created fear amongst the gullible public, and since he was likely to commit similar offences in future, it was important to preventively detain him, as the ordinary law had no deterrent effect on him.

The bench said while it cannot seriously be disputed the detenu may be a “white collar offender” as defined under the Act, yet a preventive detention order can only be passed if his activities adversely affect the maintenance of public order.

It noted that detention order would makes it clear that it is not based on any apprehension of widespread public harm, but the detenu was successful in obtaining anticipatory bail from the courts.

The bench observed to argue that a liberal meaning must be given to the expression “public order” in the context of a preventive detention statute is wholly inapposite and incorrect.

“On the contrary, considering that preventive detention is a necessary evil only to prevent public disorder, the court must ensure that the facts brought before it directly and inevitably lead to a harm, danger, or alarm or feeling of insecurity among the general public or any section thereof at large,” said the top court in the 30-page judgment.

It made these observations while quashing a detention order passed against a person under Section 3 (2) of the Telangana Prevention of Dangerous Activities Act. The detention order was dated September 28, 2020 and it was connected with five FIRs that have been filed against the person, under Sections 420, 406 and 506 of the IPC. The accused’s wife moved the top court challenging the high court order, which did not quash the detention order.

ALSO READ: India, China agree to resolve border issues
Previous Story

This Haiderpur wetland guide has spread his wings

Next Story

Indian industries got 60% of total defence contracts: Govt

Latest from -Top News

India-EU Trade Talks Resume

The proposed India-EU FTA covers 23 policy areas, or chapters, of which at least two – market access and rules of origin – have yet to be resolved….reports Asian Lite News India

India Launches Relief Ops in Bhutan

The Royal Government of Bhutan has expressed sincere gratitude to the Indian Army…reports Asian Lite News Amid unprecedented floods caused by a low-pressure system over the Bay of Bengal, relentless rainfall has

Jaishankar Hints at Tariff Deal with US

Jaishankar explained that the ongoing trade tensions largely stem from the inability of both sides to reach a common ground on several issues….reports Asian Lite News External Affairs Minister S. Jaishankar on

Rajnath Singh Heads to Australia for Key Defence Talks

The visit comes at a historic moment when India and Australia commemorate five years of establishment of India-Australia Comprehensive Strategic Partnership…reports Asian Lite News Defence Minister Rajnath Singh will visit Australia from
Go toTop

Don't Miss

Thackeray flags off eco-friendly BEST buses in Mumbai

Chief Minister Uddhav Thackeray on Saturday afternoon flagged off the

Yogi a major factor in Thakur support for BJP

With Yogi Adityanath becoming the chief minister in 2017, the