There must be public order for the order to preventive detention and not law and order problem, says Supreme Court

In the case of Banca Sneha Sheela v. State of Telangana, the Supreme Court have held that in order to have the detention of a person under the law of preventive detention, there must be some apprehension in regards to a concerned person which is being a threat to the public order and affecting the community at large and the order passed and law made will not be sufficient in this case. The Supreme Court has examined the scope of the word “public order” and ruled that the expressions ‘security of the state’, ‘law and order’ and public order are distinct from each other. A literal meaning cannot be provided to the term ‘public order’ in respect of the Preventive Detention Act. It held that by considering that preventive detention is essential evil only to avoid public disorder and the court should ensure that the facts that are brought before it is directly linked to the danger, harm, or the alarm of insecurity in the general public or any of the section at large.

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