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3h ago

Supreme Court Quashes Telangana 'Goonda Act' Detention Used to Override Bail

The court held that preventive detention requires concrete material showing a public-order threat and cannot serve as a backdoor to keep an accused in custody after bail.

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‘Must prove public order threat’: Preventive detention can’t override bail: SC

Overview

  • The bench set aside the Telangana High Court’s approval of the detention order and directed the detainee’s release unless required in another case.
  • The judgment called the State’s invocation of preventive detention a colourable exercise of power aimed at nullifying the benefit of bail.
  • The court stressed the distinction between law and order and public order, requiring a specific showing that the alleged conduct endangered public order.
  • It found the detention order lacked recorded subjective satisfaction and merely reproduced statutory phrases without evidence.
  • The ruling said registration of three NDPS cases is insufficient absent material showing the narcotic posed a danger to public health, and it pointed to ordinary remedies like bail cancellation for any fresh offences.