SANJAY KAROL, MANMOHAN
Dhanya M – Appellant
Versus
State of Kerala – Respondent
JUDGMENT
Sanjay Karol, J.
Leave Granted.
2. The present appeal arises from the final judgment and order dated 4th September, 2024 passed by the High Court of Kerala at Ernakulam in WP(CRL)No.874/2024, whereby the order dated 20th June, 2024 passed by the District Magistrate, Palakkad, directing the husband of the appellant, Rajesh [Hereinafter “detenue”] to be kept under preventive detention in prison in terms of Section 3 of Kerala Anti-Social Activities (Prevention) Act, 2007 [Hereinafter “the Act”] was affirmed.
3. The brief facts giving rise to the present appeal are that the detenu is running a registered lending firm in the name of ‘Rithika Finance’. On 20th June, 2024, the District Magistrate, Palakkad, issued an order of detention under Section 3(1) of the Act, in furtherance of Recommendation No.54/Camp/2024-P- KAA(P)A dated 29th May, 2024 by the Palakkad District Police Head. It was stated therein that the detenu is a ‘notorious goonda’ of the district and is a threat to the society at large. The following cases were considered for such declaration:
i. Crime No.17/2020 under Section 17 of Kerala Money Lenders Act, 1958, and Section 3, 9(1)(a) of Kerala Prohibition of Charging
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Preventive Detention – Provision for preventive detention is an extraordinary power in hands of State that must be used sparingly – State should move for cancellation of bail of detenu, instead of pl....
(1) 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 commun....
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the existence of criminal charges.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the existence of criminal charges.
Preventive detention cannot be justified solely on the basis of FIRs; there must be a clear connection to a disturbance of public order.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on criminal charges.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the existence of criminal charges.
Preventive detention cannot be justified solely on the basis of FIR registrations; there must be substantial evidence of a threat to public order.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the existence of criminal charges.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the existence of criminal charges.
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