Stressing that the preventive detention law "strikes hard on the freedom and liberty of an individual, and cannot be exercised in a routine manner", the Supreme Court has observed that "the powers to be exercised under this law are exceptional powers which have been given to the government for its exercise in an exceptional situation".
Case Title: SHAIK NAZNEEN v. THE STATE OF TELANGANA & ORS.
Citation : 2022 LiveLaw (SC) 559
Constitution of India - Article 22- Preventive Detention - the powers to be exercised under this law are exceptional powers which have been given to the government for its exercise in an exceptional situation -A law and order situation can be dealt with under the ordinary law of land- Para 12 & 13
Public Order & Law and order - distinction - The distinction between law and order situation and a public order situation has been dealt with by the Supreme Court in a catena of decisions - Ram Manohar Lohia vs State of Bihar AIR 1966 SC 740 followed (Para 15)
Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act ,1986 - Section 3(1)-A bare reading of the aforesaid provision shows that the "maintenance of public order" has a crucial bearing here and unless the government is justified in holding that the act of the detenu is prejudicial to the maintenance of public order, the preventive detention would be bad and would be in violation of Articles 21 and 22 of the Constitution of India as it encroaches upon the liberty and freedom of an individual (para 9)