The Supreme Court, in Arjun s/o Ratan Gaikwad v The State of Maharashtra & Another [2024 INSC 968], says preventive detention is a harsh measure, which cannot be invoked against every alleged breach of peace. The power can be invoked only when the act of the proposed detainee had a tendency of disturbing “public order”.
The SC states if somebody commits a brutal murder within the four corners of a house, it will not amount to a threat to public order. As against this, if a person in a public space wherein number of people are present creates a ruckus by his behavior and continues with such activities, in a manner to create a terror in the minds of the public at large, would amount to a threat to public order. So, in such a case there may not be even a physical attack.
The SC adds, the distinction between public order and law and order has been succinctly discussed in Ram Manohar Lohia v State of Bihar [1966 AIR 740] where it was held that every breach of peace does not lead to public disorder.
The SC says a person can be put under preventive detention only when the acts of the proposed detainee disturb the public order.
