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2024 Supreme(AP) 1431
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
U. DURGA PRASAD RAO, KIRANMAYEE MANDAVA, JJ.
Tamil Selvi W/o M. Saravana – Petitioner
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No. 28510 of 2023
Decided On : 23-01-2024
Important Points
Subject
Constitutional Law - Preventive Detention
Act Referred
CONSTITUTION OF INDIA : Art.226
Headnote
(B) Right to make effective representation - The failure to provide detention materials in the language known to the detenue violates constitutional rights, rendering the detention order illegal. (Paras 10, 11)
(C) Proximity of offences - The court emphasized that the test of proximity is not rigid; however, the detention order was found to be based on stale and irrelevant material. (Paras 4, 10)
Facts of the case:
The petitioner challenges the detention of her husband under a detention order citing habitual criminal activities and involvement in multiple cases. The detenue claims he was not provided materials in Tamil, his known language.
Findings of Court:
The court found that the failure to provide materials in Tamil deprived the detenue of the opportunity to make an effective representation, thus vitiating the detention order.
Issues: Whether the detention order is unsustainable for not providing materials in Tamil and for relying on stale material.
Ratio Decidendi: The court ruled that the failure to furnish grounds of detention in a language known to the detenue violates constitutional rights, necessitating the quashing of the detention order.
Result: Writ Petition allowed; detention order set aside.
ORDER :
1. In this writ petition filed under Article 226 of the Constitution of India, the petitioner challenges the detention of her husband M. Saravana under detention order in REV-CSECOPDL (PRC)/6/2023-MAGL4, dated 13.09.2023 passed by 2nd respondent- Collector & District Magistrate, Chittoor District and confirmed by the 1st respondent as per G.O.Rt. No. 2119, General Administration (SPL [LAW AND ORDER]) Department, dated 30.10.2023 and prays to direct the respondent authorities to set the detenue at liberty forthwith.
2. As per the proceedings dated 13.09.2023, the 2nd respondent passed the detention order under Section 3(1) and (2) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (1 of 1986) [for short ‘the Act 1 of 1986’] treating the detenue as ‘Goonda’ under Section 2(g) of the Act 1 of 1986 on the subjective satisfaction that the detenue is acting in a manner prejudicial to the maintenance of public order since he has been habitually involved in notorious criminal activities with other associates and even though a number of cases were registered against him, he did not change his attitude and increasing his activities day to day and extending them to Andhra Pradesh and Telangana States. Following 5 cases in which the detenue was involved were taken as ground for ordering his detention:
| S. No. | Crime No. & Date | Accused No. | Arrest | P.T. Warrant produced date |
| 1 | Cr. No. 53/2019, U/s 143, 148, 452, 323, 324, 354, 509, 506 r/w 149 IPC of Chittoor II Town PS | A1 |
| Anticipatory Bail was granted vide Crl. M.P. No. 1114/2019, dated 04.07.2019 before the Hon’ble IXth ADJ Court, Chittoor |
| 2 | Cr. No. 123/2019, U/s 307, 323 IPC of Chittoor II Town PS | Solo | 25.09.2019 | Accused was arrested and produced before the Hon’ble IVth AJFCM Court, Chittoor and sent for judicial custody and the accused got bail Hon’ble VIII ADJ court, Chittor vide Crl. M.P. No. 1571/2019, dated 03.10.2019 |
| 3 | Cr. No. 463/2022, U/s 323, 307, 506, 509, r/w 34 IPC of Chittoor II Town Police Station | A1 | 25.12.2022 | Accused was arrested and produced before Hon’ble IVth AJFCM Court, Chittoor and sent for judicial custody and the accused got bail Hon’ble IX ADJ Court, chittor vide Crl M.P. No. 111/2023, dated 16.02.2023 |
| 4 | Cr. No. 465/2022, U/s 307, 323, 324 r/w 34 IPC of Chittoor II Town PS | A7 | 09.01.2023 | Accused was produced through PT warrant before IVth AJFCM, Court Chittor and sent for judicial custody and accused got bail Hon’ble IX ADJ Court, Chittoor vide Crl. M.P. No. 191/2023, dated 02.03.2023 |
| 5 | Cr. No. 213/2023, U/s 323, 324, 506 r/w 34 IPC of Chittoor II Town PS | A1 |
| Served notice to the accused U/s 41(a) Cr.P.C (Station Bail on 20.07.2023) |
In detention order as well as the grounds of detention, it is mentioned that he is a gangster involving in violent activities of attempt to murder and bodily offences by creating terror in the minds of general public and he is also an aggressive, highhanded anti-social element, chosen the path of eliminating the opponents by maintaining a criminal gang, posing himself as notorious goonda in the locality by creating terror in the minds of public. He is a habitual criminal, involved in series of offences in proximity of time, thereby causing disturbance to the public order. Hence the detention order.
3. In the writ petition and reply affidavit, the detention is challenged on two main grounds. The detenue was a Tamilian who was born and brought up in the State of Tamil Nadu and that he can speak, write and understand only in Tamil language. However, strangely the detaining authority has supplied the detention material in Telugu and English languages instead of his mother tongue Tamil and thereby detenue could not make an effective representation to the Government and the Advisory Board and
