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R. RAGHUNANDAN RAO, HARINATH N.
Konduri Naga Lakshmi – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. Heard Dr. G.V.N.R.S.S.S. Vara Prasad, learned counsel appearing for the petitioner and the learned Special Government pleader in the office of the learned Additional Advocate General for respondents.
2. The 2nd respondent by an order dated 16.03.2024 had passed an order of detention against the detenue. This order was approved by the 1st respondent on 26.03.2024, and subsequently confirmed by way of G.O.Ms. No. 776 dated 25.04.2024 issued by the 1st respondent.
3. The 2nd respondent ordered preventive detention of the detenue, on the ground that the detenue deserves to be treated as a Goonda as defined under Section 2(g) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986 (for short “the Act”) because the detenue had been involved in five cases which relate to commission of offences punishable under Chapter XVI and XXII of the Indian Penal Code and that the severity of the offences, enumerated in these complaints and the conduct of the detenue in continuing to commit crimes is prejudicial to the maintenance of public health and public order requiring the detenue to b
The validity of a preventive detention order hinges on the detaining authority's access to all relevant materials, and omissions can invalidate the order.
Preventive detention orders must consider all relevant material, including granted bail orders; failure to do so renders the detention invalid.
Failure to consider and furnish conditional bail orders in a preventive detention order renders the detention illegal.
Preventive detention orders must provide all relevant documents to the detenue for effective representation; failure to do so invalidates the detention.
Preventive detention requires clear evidence of the likelihood of release and necessity for detention; vague assertions are insufficient.
Procedural irregularities and failure to consider the likelihood of the detenu being released on bail rendered the detention order illegal and unsustainable.
The failure to consider the orders of bail granted to the detenu by the competent Court vitiated the detention order, as it deprived the detaining authority of the opportunity to consider relevant ma....
Preventive detention orders must consider all vital documents, including bail orders, as their omission can invalidate the order.
Detention orders must be based on adequate factual supports and clear legal justifications, ensuring compliance with procedural standards and the right to a fair hearing.
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