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U. DURGA PRASAD RAO, KIRANMAYEE MANDAVA
Nandyala Shaik Saleem – Appellant
Versus
State of AP – Respondent
ORDER :
(Kiranmayee Mandava, J.)
1. This Writ Petition is filed for issuance of Habeas Corpus by directing the 4th respondent to produce the detenue and set him at liberty by declaring the proceedings of the 2nd respondent, in detaining Smt. Khairun Bee, W/o. Abdul Gafoor, vide order dated 20-06-2023 in Rc.No.Cl/513/M/2023, as confirmed by the 1st respondent in G.O.Rt.No.1675 dated 21.08.2023, as illegal and unconstitutional.
2. The petitioner is the brother of the detenue. He contends that the the 2nd respondent vide proceedings dated 20-06-2023, passed an order of detention under Sec.3(1) read with Sec.2(f) of the A.P Prevention of Dangerous Activities of Bootleggers and Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986, (for short "Act No.1 of 1986"), placing the detenue under detention in Central Special Prison, Kadapa,. The said order of detention was confirmed by the 1st respondent vide G.O.Rt.No.1675 dated 21.08.2023, treating the detenue as 'Drug offender" as defined under Sec.2 (f) of Act, 1 of 1986. The following are cases, that have been taken into consideration by the 2nd respondent, while placing the detenue under detention:
| S.N | ||||
Non-consideration of bail orders in preventive detention renders the detention order illegal, impairing the detenue's right to make an effective representation.
Non-consideration of bail orders and failure to furnish bail order copies to the detenue for effective representation would vitiate the detention order, rendering it illegal and unsustainable.
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.
Failure to consider and furnish conditional bail orders in a preventive detention order renders the detention illegal.
Preventive detention – Non consideration of bail orders while passing order of detention and non-furnishing of copies of bail orders to detenu, would render order of detention illegal and unsustainab....
Procedural irregularities and failure to consider the likelihood of the detenu being released on bail rendered the detention order illegal and unsustainable.
Non-consideration of relevant material, such as bail orders, can render a detention order illegal.
Preventive detention orders must consider all relevant materials, including bail orders, to ensure legality; failure to do so renders the detention illegal.
Preventive detention orders must consider all relevant material, including granted bail orders; failure to do so renders the detention invalid.
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