The Supreme Court of India has clarified that mere involvement in a sexual offence, even one as serious as gang rape, does not automatically warrant preventive detention under stringent provisions. 

The bench comprising Justices PS Narasimha and Aravind Kumar delivered this verdict while quashing a detention order passed by the Collector on June 30, 2023, and confirmed by Telangana state authorities on August 9, 2023.

The case revolved around Bandi Narayana, the brother of appellant Vaddi Lakshmi, whose detention order under the Telangana Prevention of Dangerous Activities Act, 1986, was under scrutiny. The court held that the order, which cited Narayana's alleged involvement in a sexual offence, specifically under Section 376D of the Indian Penal Code, lacked justification as it failed to demonstrate how his solitary instance of involvement could be prejudicial to public order.

Highlighting the absence of repeated offences or a habitual pattern, the bench emphasized that the allegations of extortion and rape against Narayana were isolated incidents. The complaint filed on April 27, 2023, pertained to extortion under Section 384 of the IPC, followed by another complaint on May 01, 2023, implicating him in offences under Sections 394, 376D, and 411, read with 34 of the IPC.

Despite the seriousness of the allegations, the court pointed out that Narayana was entitled to default bail and was released on August 17, 2023. The detention order had been based on the contention that Narayana, along with associates, posed a threat of repeating similar offenses, thereby jeopardizing public order and instilling fear and insecurity among women.

However, the Supreme Court deemed the detention order unsustainable, emphasizing the lack of evidence to suggest a propensity for repeated offences. The bench's decision underscores the principle that preventive detention should not be invoked solely based on the involvement in a single instance of a serious offense.

This ruling serves as a significant clarification in the realm of preventive detention, reaffirming the importance of concrete evidence and a demonstrated pattern of behavior before resorting to such stringent measures.

Case: Vaddi Lakshmi vs. State of Telangana & Ors,

CRIMINAL APPEAL NO. 1723 OF 2024 (Arising out of SLP(Crl.) No. 14859 of 2023).

Click to read/download order.