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R. RAGHUNANDAN RAO, HARINATH. N
Kalikiri Premaa, W/o. Munaswamy – Appellant
Versus
State of Andhra Pradesh – Respondent
Order :
(Per Hon’ble Sri Justice Harinath.N)
The writ petition is filed challenging the order of detention vide Rev-CSE0PDL (PRC)/7/2023-MAGL4, DT.13.09.2023 as permitted by the respondent No.1 vide GORt.No.1110,General Administration (SC.I) Department, Dt.06.06.2023.
2. The petitioner is the mother of detenu who was detained vide order of detention dated 13.09.2023. The 1st respondent confirmed the detention order and issued G.O.Rt.No.1110, dated06.06.2023. The detenu was involved in the following 13 cases.
S.No. Crime No. Police Station Offences under Sections
1. Crime No.10 of 2016 Tiruchanooru Tirupati Urban District Under Section 120-b, 201, 302, 341 IPC
2. Crime No.82 of 2015 Tiruchanooru Police Station, Tirupati Urban District Under Section 341, 506 IPC read with 34 IPC
3. Crime No.47 of 2017 Yadamari Police Station Under Section 307 IPC
4. Crime No.122 of 2018 Tiruchanooru Police Station, Tirupati Urban District Under Section 307, 341, 506 IPC
5. Crime No.157 of 2020 Yadamarri Police Station Under Section 307, 324, 506 read with 34 IPC and Section 3(2)(va) SC/ST (POA) Amendment Act, 2015
6. Crime No.158 of 2020 Yadamarri Police Station Under Section 307, 332, 353 IPC
7. Crime No.61 of
Detention orders must be based on relevant grounds and adhere to procedural safeguards to ensure legality and protect fundamental rights.
Preventive detention must adhere to procedural safeguards and be based on relevant grounds to ensure the protection of fundamental rights.
A detention order must demonstrate subjective satisfaction with detailed grounds, especially regarding the detenu's bail status, to be legally valid.
Preventive detention requires strict adherence to procedural safeguards, and failure to provide relevant information to the detaining authority invalidates the detention 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.
The validity of a preventive detention order hinges on the detaining authority's access to all relevant materials, and omissions can invalidate the order.
AN ORDER OF DETENTION CAN ONLY BE VALIDLY PASSED IF THE DETAINING AUTHORITY HAS REASON TO BELIEVE, ON THE BASIS OF RELIABLE MATERIAL, THAT THERE IS A REAL POSSIBILITY OF THE DETENU BEING RELEASED ON ....
A detention order against a person already in custody must show a likelihood of release based on cogent factors to avoid invalidity.
Preventive detention must adhere to constitutional safeguards, including providing grounds for detention and allowing the detenu to make representations.
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