Supreme Court of India
Dhanya M v. State of Kerala & Ors.
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What the Court ordered
We are of the considered view that the exercise of power under Section 3 of the Act, was not justified in law.
Judgment, page 7
From the headnote
Issue for Consideration Whether the preventive detention of the detenu is in accordance with law. Headnotes† 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 –
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