In order, the Supreme Court ruled that preventative detention cannot be used to counter regular law and order situations. According to the court, it is an "exceptional power" of the state that affects an individual's personal liberty and must be used sparingly.
The Vacation Bench, headed over by Justice C.T. Ravikumar, was hearing an appeal filed by a chain-snatcher who was held in preventive detention on the grounds that his actions had induced dread and terror among women. Over 30 charges of chain snatching have been filed against the individual, but just four have been prosecuted.
The Court stated that the powers to be used under the preventive detention law are exceptional powers granted to the government for use in an exceptional scenario since they impinge on an individual's rights and liberty, and hence cannot be used routinely.
The court distinguished between law and order and public disorder scenarios. It stated that preventive detention may be used in the latter case but never in the former.
“Every breach of the peace does not lead to public disorder. When two drunks quarrel and fight there is disorder but not public disorder. They can be dealt with under the powers to maintain law and order but cannot be detained on the grounds that they were disturbing public order. Suppose that the two fighters were of rival communities and one of them tried to raise communal passions. The problem is still one of law and order but it raises the apprehension of public disorder,” the court explained.
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