Kerala Anti-Social Activities (Prevention) Act, 2007 – ss.3, 2(j), (o) – Order of detention u/s.3(1), if sustainable: Held: No – s.2(j) states that a person who indulges in activities “harmful to maintenance of public order” is covered by the Act – In the present case, the facts and circumstances do not fall under the category of a public order situation – The detention order does not state any reason as to how the actions of the detenu were against the public order of the State – Given the extraordinary nature of the power of preventive detention, no reasons were assigned by the detaining authority, as to why and how the actions of the detenu warranted the exercise of such an exceptional power – State should move for cancellation of bail of the detenu, instead of placing him under the law of preventive detention – Exercise of power u/s.3 was not justified in law – Order of detention and the impugned judgment of the High Court affirming the said order passed by the District Magistrate u/s.3(1), are set aside – Kerala Money Lenders Act, 1958 – Kerala Prohibition of Charging Exorbitant Interest Act, 2012 – Penal Code, 1860 – SC/ST Prevention of Atrocities Act, 1989. [Paras 17, 19, 21-23]
Kerala Anti-Social Activities (Prevention) Act, 2007 – ss.2(j), (o), 3, 7, 12 – Scheme and object of the Act – Discussed. [Paras 12-15]
Constitution of India – Art.22 – Preventive detention – Extraordinary power, exercise of:
Held: Preventive detention is an extraordinary power that must be used sparingly – It curtails the liberty of an individual in anticipation of the commission of further offence(s), and therefore, must not be used in the ordinary course of nature – The power of preventive detention is an exception to Art.21 and, therefore, must be applied as an exception to the main rule and only in rare cases. [Para 9]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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