Supreme Court Quashes Preventive Detention Under Kerala KAAPA, Says Bail Process Should Suffice

In a significant judgment delivered on June 12, 2025, a Supreme Court bench led by Justices Sanjay Karol and Manmohan struck down a preventive detention order issued under the Kerala Anti‑Social Activities (Prevention) Act, 2007 (KAAPA). The Court emphasised that such extraordinary powers can only be exercised sparingly and must not be used as a substitute for regular criminal procedures.

The case involved a moneylender, detained in June 2024 by the Palakkad District Magistrate under KAAPA, based on allegations of multiple non‑bailable offences. He was on bail in all pending cases, and the Supreme Court found no basis to treat him as a threat to “public order”, distinguishing it clearly from ordinary “law and order” situations. The bench noted, “The circumstances … may be ground enough for the State to approach the competent Courts for cancellation of bail, but it cannot be said that the same warranted his preventive detention”.

Reiterating constitutional safeguards under Article 22, the Court highlighted that preventive detention curtails personal liberty and must align strictly with legal standards set by precedents like Rekha v. Tamil Nadu, Icchhu Devi, and SK Nazneen. Concluding that the detaining authority did not demonstrate public order disruption, the Supreme Court set aside both the detention and High Court’s affirmation, directing that bail revocation proceedings—if warranted—be pursued through established criminal processes.