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R. RAGHUNANDAN RAO, HARINATH N.
A. Akkamma, W/o. Anke Naresh – Appellant
Versus
State of Andhra Pradesh, Represented by its Chief Secretary – Respondent
ORDER :
(Harinath N., J.) :
The writ petition is filed challenging the order of detention vide RC.No.MAGL1/1660/2023, dt.27.01.2024, passed by the 2nd respondent which was confirmed by the 1st respondent vide G.O.Rt.No.640 General Administration (SPL[LAW AND ORDER]) department, dt.26.03.2024.
2. The petitioner is the wife of detenu who was detained vide order of detention dated 27.01.2024. The 1st respondent confirmed the detention order and issued G.O.Rt.No.640, dated 26.03.2024. The detenu was involved in the following 19 cases.
| S.No. | Crime No. | Police Station | Offences under Sections |
| 1. | Crime No.4 of 2009 Dated 30.01.2009 | Kanaganapalli Police Station | Under Section. 324, 427 r/w.34 IPC |
| 2. | Crime No.11 of 2009 Dated 26.02.2009 | Roddam Police Station | Under Section 395 IPC |
| 3. | Crime No.79 o 2010 Dated 01.07.2010 | Dharmavaram Rural Police Station | Under Section 341, 380, 457 IPC |
| 4. | Crime No.11 of 2011 Dated 18.02.2011 | Putlur Police Station | Under Section 457, 380 IPC |
| 5. | Crime No.38 of 2011 Dated 02.06.2011 | Dharmavaram Rural Police Station | Under S |
Preventive detention must adhere to constitutional safeguards, including providing grounds for detention and allowing the detenu to make representations.
Preventive detention requires strict adherence to procedural safeguards, and failure to provide relevant information to the detaining authority invalidates the detention order.
A detention order must demonstrate subjective satisfaction with detailed grounds, especially regarding the detenu's bail status, to be legally valid.
The validity of a preventive detention order hinges on the detaining authority's access to all relevant materials, and omissions can invalidate the order.
Detention orders must be based on relevant grounds and adhere to procedural safeguards to ensure legality and protect fundamental rights.
Failure to consider and furnish conditional bail orders in a preventive detention order renders the detention illegal.
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 requires clear evidence of the likelihood of release and necessity for detention; vague assertions are insufficient.
Preventive detention orders must adhere to procedural safeguards, including the disclosure of all relevant information to the detaining authority to ensure the legality of the detention.
The court ruled that failing to consider vital bail orders when issuing a detention renders the detention order illegal, violating constitutional rights of the individual.
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