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U. DURGA PRASAD RAO, KIRANMAYEE MANDAVA
Veluganti Ganga Raju – Appellant
Versus
State Of AP – Respondent
ORDER :
U. Durga Prasad Rao, J.
The petitioner, who is the brother of the detenue namely Veluganti Venkatesh S/o Venkata Ramana, Aged 26 years, R/o D.No.7-63, Vinayakudi Temple Street, Raghunandapuram Village of Rajanagaram Mandal, East Godavari District prays for writ of habeas corpus directing the respondent authorities to set the detenue at liberty by declaring the detention order in Roc.No.M1 (SEB.SOUTH)/ 479794/2023, dt.28.12.2023 passed by the 2nd respondent and consequential confirmation order issued by 1st respondent vide G.O.Rt.No.468, General Administration (SC-1) Department, dated 28.02.2024 is contrary to law, arbitrary and violative of Article 21 of the Constitution of India and to pass such other orders deemed fit.
2. The factual matrix of the case is thus:
Preventive detention requires clear justification, especially when the detenue is in custody, and must demonstrate a likelihood of bail and further offenses.
Preventive detention orders must consider the detenu's existing custody and provide cogent reasons for necessity; failure to do so renders the order illegal.
The Detaining Authority must consider the bail applications and bail orders along with the record and form an opinion as to whether preventive detention is essential, especially when the detenue was ....
Procedural irregularities and failure to consider the likelihood of the detenu being released on bail rendered the detention order illegal and unsustainable.
Preventive detention requires clear evidence of the likelihood of release and necessity for detention; vague assertions are insufficient.
Failure to consider and furnish conditional bail orders in a preventive detention order renders the detention illegal.
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