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Supreme Court slams misuse of preventive detention to keep accused in jail after they secure bail
Update / Judgement Date
08 Jun 2025
Source
Author
Team — WCP Legal Desk
Reading Time
1 min read
The Supreme Court of India has strongly condemned the misuse of preventive detention laws by authorities to keep individuals incarcerated even after they have secured bail in a criminal case. The Court observed that preventive detention is a serious infringement on personal liberty and should be used only in exceptional circumstances to prevent a threat to public order, not as a tool to circumvent bail orders. The apex court's criticism came while hearing a case where an individual was immediately detained under a preventive detention law after being granted bail. The Court emphasized that such actions undermine the authority of the judiciary and the fundamental right to liberty guaranteed by the Constitution. This ruling serves as a crucial check on the executive's power, reminding law enforcement agencies that preventive detention cannot be used to arbitrarily prolong custody and that the sanctity of bail orders must be respected.