Supreme Court Sets Precedent on Preventive Detention in Kerala

The Supreme Court overturned a district magistrate's preventive detention order against Rajesh, a money lender, citing misuse of power. The court highlighted the misapplication of the Kerala Anti-Social Activities Act and emphasized that preventive detention should rarely be employed, advocating instead for seeking bail cancellation through the competent courts.

In a significant ruling, the Supreme Court has overturned a district magistrate's order in Kerala that had placed a money lender, Rajesh, under preventive detention. The court deemed the use of such detention powers as a last resort and stressed that they should be sparingly applied.

Justices Sanjay Karol and Manmohan critiqued the magistrate's decision as an overreach, pointing out that the appropriate course of action would have been to seek cancellation of Rajesh's bail through a court. They asserted that the conditions of bail reportedly violated had not been sufficiently detailed or proven in court.

The ruling highlighted concerns regarding the misuse of the Kerala Anti-Social Activities (Prevention) Act. Emphasizing that preventive detention severely curtails personal liberty, the court urged authorities to pursue legal proceedings through the appropriate legal channels, underscoring the need for judicial integrity and due process.

(With inputs from agencies.)