In Dhanya M vs State of Kerala & Others judgement, SC set aside the preventive detention under the Kerala Anti-Social Activities (Prevention) Act, 2007.

• The judgment by SC underscored the difference between 'public order' and 'law and order', citing SK. Nazneen v. State of Telangana (2023) and Nenavath Bujji v. State of Telangana (2024).
  • The distinction between the areas of 'law and order' and 'public order' is one of degree and extent of the reach of the act in question on society.
  • The detention orders were not justified as it was dealing with a law and order situation and not a public order situation as required in preventive detention.

About Preventive Detention

• Constitutional Provision:Article 22(3) allows the authorities to detain individuals for preventive reasons, such as the maintenance of public order or national security.
• Constitutional Safeguards:
  • No preventive detention law should authorize the detention beyond three months unless an Advisory Board approves it.
  • Grounds for preventive detention shall be communicated earliest.
  • Provide the earliest opportunity of making a representation.