The Supreme Court in Mallada K Sri Ram vs the State of Telangana observed that orders for preventive detention cannot be given just because a person is implicated in a criminal case.
The court while quashing the detention order said that “A mere apprehension of a breach of law and order is not sufficient to meet the standard of adversely affecting the "maintenance of public order"
The detention order mentioned that the detenu is a “ 'white-collar offender' whose offence of cheating gullible job aspirants has been causing "large scale fear and panic among the gullible unemployed job aspirants/youth and thus he has been acting in a manner prejudicial to the maintenance of public order apart from disturbing the peace, tranquillity and social harmony in the society.”
Further, the bench was also apprised of the fact that 2 FIRs are pending against the detnue, but the Court observed that the detention order is made after 7 months of the 1st FIR and 5 months after the 2nd FIR.
It was held that when there is no unrest after the bail of the detenu for all these months, the need and urgency for detention are questionable. Further, the offences mentioned in both the FIRs could be dealt with in the ordinary course of Criminal Law, and observed that:-
"The personal liberty of an accused cannot be sacrificed on the altar of preventive detention merely because a person is implicated in a criminal proceeding. The powers of preventive detention are exceptional and even draconian. Tracing their origin to the colonial era, they have been continued with strict constitutional safeguards against abuse. Article 22 of the Constitution was specifically inserted and extensively debated in the Constituent Assembly to ensure that the exceptional powers of preventive detention do not devolve into a draconian and arbitrary exercise of state authority. "
The Court while quashing the detention order said that there were over 5 and 10 arbitrary detention orders quashed by the Supreme Court and the Telangana High Court respectively for incorrectly applying the standard for maintenance of public order and relying on stale materials while passing the orders of detention.