Back
IN THE HIGH COURT OF ANDHRA PRADESH
Ravi Nath Tilhari, Maheswara Rao Kuncheam, JJ
Magapu Satyanarayana – Appellant
Versus
State of Andhra Pradesh, Rep.by its Principal Secretary, General Administration (SC-I) Department – Respondent
| Table of Content |
|---|
| 1. details of the detention order and grounds for detention. (Para 3 , 4 , 5) |
| 2. arguments presented by the petitioner and government regarding the necessity of detention. (Para 10) |
JUDGMENT :
Ravi Nath Tilhari, J.
Heard Sri S. V. Maruthi Sankar, learned counsel, representing Sri Venkat Challa, learned counsel appearing for the petitioner, and Sri Kirthi Teja Kondaveeti, learned Government Pleader, attached to the Office of the Additional Advocate General, appearing for the State/respondents.
2. This writ petition under Article 226 of the Constitution of India has been filed for writ of Habeas Corpus to set aside the Order of detention dated 03.05.2025 baring Ref.No.M1/521904/2025 passed by the 2nd respondent-The Collector & District Magistrate, East Godavari District with respect to the petitioner’s wife Smt. Polisetti Laxmi (in short ‘the detenue’) and to set her free. During the pendency of the writ petition, the detention Order was confirmed by the State/1st respondent vide G.O.Rt.No.1206 dated 20.06.2025, served to the petitioner on 28.06.2025. By way of amendment, the petitioner has challenged the G.O.Rt.No.1206 dated 20.06.2025 as well.
I Facts:
3. By the detention
Preventive detention under the Andhra Pradesh Prevention of Dangerous Activities Act requires the authority to demonstrate necessity due to repeated offenses impacting public health, not merely due t....
(1) Preventive Detention - Recourse to preventive detention can be taken by executive merely on suspicion and as a precaution to prevent activities by person, sought to be detained, prejudicial to ce....
(1) Preventive Detention - Power of preventive detention is qualitatively different from punitive detention - An order of preventive detention, may be made before or during prosecution - Pendency of ....
A detention order must demonstrate subjective satisfaction with detailed grounds, especially regarding the detenu's bail status, to be legally valid.
The main legal point established is that preventive detention cannot be a substitute for ordinary law and must be exercised with caution, ensuring that the detention is extremely necessary and the ac....
The detention order must be based on a case where the person has become a threat and menace to society, disturbing the whole tempo of the society and putting the entire social apparatus in disorder. ....
Preventive detention requires clear evidence of the likelihood of release and necessity for detention; vague assertions are insufficient.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
