The Supreme Court on Monday observed that a possible apprehension of breach of law and order cannot become a ground to detain a person under a preventive detention law, as it rejected the contention that a liberal meaning must be given to the expression "public order" in the context of such a statute. A bench of Justices R.F. Nariman and Hrishikesh Roy said: "It is clear that at the highest, a possible apprehension of breach of law and order can be said to be made out if it is apprehended that the detenu, if set free, will continue to cheat gullible persons."

It noted this may be a good ground to appeal against the bail orders granted or to cancel bail but certainly cannot provide the springboard to move under a preventive detention statute. The bench pointed out that mere contravention of law such as indulging in cheating or criminal breach of trust certainly affects "law and order", but before it can be said to affect "public order", it must affect the community or the public at large. The Telangana government counsel argued that the detenu was a habitual fraudster who had created fear amongst the gullible public, and since he was likely to commit similar offences in future, it was important to preventively detain him, as the ordinary law had no deterrent effect on him.