Case Title : ROSHINI DEVI vs STATE OF TELANGANA & OTHERS
Citation : 2026 INSC 41
Date : 10.01.2026
Hon’ble Supreme Court Bench – Justices J.K. Maheshwari and Atul S. Chandurkar
The Supreme Court struck down a preventive detention order issued under the Telangana Goonda Act (Telangana Prevention of Dangerous Activities Act, 1986), holding that such detention cannot be used simply to bypass the grant of bail or detain a person on the basis of general criminal history. The bench comprising Justices J.K. Maheshwari and Atul S. Chandurkar emphasised that merely labelling someone a “habitual drug offender” or pointing to multiple registered offences does not automatically justify preventive detention unless there is clear evidence showing how the individual’s actions pose a specific threat to public order.
In the case of the Hyderabad woman whose detention was challenged, the court noted that the detention order failed to explain in what manner her conduct was likely to affect public order—an essential requirement under the statute. The authorities had justified her detention on the apprehension that if she obtained bail, she might re-engage in illegal activities. However, the Supreme Court held that mere apprehension of future criminality, without a demonstrated risk to public order, is not sufficient to sustain preventive detention.The court rejected the argument on the basis
Reiterating constitutional safeguards under Articles 21 and 22, the Supreme Court emphasised that preventive detention is an exceptional measure and must be backed by material showing an imminent threat to public order rather than serving as a tool to extend custody or neutralise the effect of bail. The Court quashed the detention order as well as the High Court judgment that had upheld it, reaffirming that ordinary criminal law remedies must be pursued instead of misusing preventive detention powers.
