IMPORTANT POINT
Preventive detention is a serious matter, affecting the life and liberty of the citizen under Articles 14, 19, 21 and 22 of the Constitution.

JUDGMENT :

Navin Sinha, J.

Leave granted.

2. The appellant assails the order of preventive detention of her husband dated 17.10.2016, passed by Respondent No.2, under the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (Act No.1 of 1986) (Telangana Adaptation) Order, 2015, (G.O.Ms.No.124, Dated17.03.2015) (hereinafter referred to as the 'Act').

3. Ms. Prerna Singh, learned counsel for the appellant, submits that an order of preventive detention is a serious matter affecting the liberty of the citizen. It cannot be resorted to when sufficient remedies are available under the general laws of the land for any omission or commission under such laws. The detenu was already being prosecuted under the penal code and the Seeds Act. Reliance was placed on Rekha vs. State of Tamil Nadu & Anr., (2011) 5 SCC 244.

4. It was next submitted that the detenu was already in custody in two other cases. The order of detention does not consider the same, setting out special reasons for an order of preventive detention, with regard to a person already in custody. The reasoning that there was every likelihood of his being released on bail, in view of an earlier bail order in a similar case, is flawed, as the detenu has not even filed any application for bail in these two cases.

5. Ms. Bina Madhavan, learned counsel for the respondents, opposing the application, submits that the grounds of detention cannot be seen simpliciter as individual wrongs amenable to ordinary laws. It has the potential to disturb maintenance of public order. More than one farmer had lodged complaints with regard to the spurious seeds sold to them. Wrongful loss had been caused to the poor farmers, and the detenu had acquired illegal gains at their expense.

6. We have considered the submissions. The order of preventive detention has been made under section 3(1) and (2) read with section 2 (a) and (b) of the Act.

7. Section 3 of the Act empowers the Government if satisfied, inter alia, with respect to a “Goonda” to detain such person with the view to preventing him from acting in any manner prejudicial to the maintenance of public order.

8. Section 2(a) of the Act defines “acting in any manner prejudicial to the maintenance of public order” as follows:-

“2(a) “acting in any manner prejudicial to the maintenance of public order” means when a bootlegger, a dacoit, a drug-offender, a goonda, an immoral traffic offender or a land-grabber is engaged or is making preparations for engaging, in any of his activities as such, which affect adversely, or are likely to affect adversely, the maintenance of public order:

Explanation: -For the purpose of this clause public order shall be deemed to have been affected adversely, or shall be deemed likely to be affected adversely inter alia, if any of the activities of any of the persons referred to in this clause directly, or indirectly, is causing or calculated to cause any harm, danger or alarm or a feeling of insecurity among the general public or any section thereof or a grave widespread danger to life or public health”.

9. Section 2(g) defines “Goonda” as follows :

“2(g) “goonda” means a person, who either by himself or as a member of or leader of a gang, habitually commits, or attempts to commit or abets the commission of offences punishable under Chapter XVI or Chapter XVII or Chapter XXII of the Indian Penal Code.

10. Section 13 of the Act provides for a maximum period of detention for twelve months. If the order of preventive detention is sustainable, the detenu will continue in custody, without the opportunity to move for bail, till 17.10.2017.

11. An order of preventive detention, though based on the subjective satisfaction of the detaining authority, is nonetheless a serious matter, affecting the life and liberty of the citizen under Articles 14, 19, 21 and 22 of the Constitution. The power being statutory in nature, its exercise has to be within t