The Supreme Court, in Dhanya M v. State of Kerala, quashed a preventive detention order under the Kerala Anti-Social Activities (Prevention) Act, 2007, holding that such laws cannot be used to bypass bail procedures. A Bench of Justices Sanjay Karol and Manmohan ruled that preventive detention is an extraordinary measure under Article 21 and must be applied sparingly. The Court found that the detention of a moneylender with pending criminal cases was based on law-and-order issues, not threats to public order. It stressed that the proper course was to seek bail cancellation, not misuse preventive detention.
