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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R.RAGHUNANDAN RAO, HARINATH. N
Nakka Suvarna – Appellant
Versus
State of Andhra Pradesh – Respondent
The Court made the following Order: (Per Hon’ble Sri Justice Harinath.N)
The writ petition is filed challenging the order of detention vide Rc.No.MC1/3080/2023, dated 10.11.2023 issued by the 1st respondent.
2. The petitioner is the wife of detenu who was detained vide order of detention dated 10.11.2023. The 2nd respondent confirmed the detention order and issued G.O.Rt.No.2261 General Administration (SC.I) Department, dated 17.11.2023. The detenu was involved in the following 03 cases.
| S.No. | Crime No. | Police Station | Offences under Sections |
| 1. | Crime No.128 of 2022 | Gooty Police Station | Under Section 7(a) read with 8(e) of AP Prohibition (Amendment) Act, 2020 |
| 2. | Crime No.11 of 2023 | Gooty Police Station | Under Section 7(a) read with 8(e) of AP Prohibition (Amendment) Act, 2020 |
| 3. | Crime No.54 of 2023 | Gooty Police Station | Under Section 7(a) read with 8(e) of AP Prohibition (Amendment) Act, 2020 |
3. The learned counsel for the petitioner submits that the sponsoring authority has suppressed the vital information to the detaining authority. It is the specific case of the petitioner that the petitioner was released on bail in all cases and that the bail orders were not furnished to the 1st respondent.
4. It is
Preventive detention orders must adhere to procedural safeguards, including the disclosure of all relevant information to the detaining authority to ensure the legality of the detention.
Preventive detention requires strict adherence to procedural safeguards, and failure to provide relevant information to the detaining authority invalidates the detention order.
A detention order must demonstrate subjective satisfaction with detailed grounds, especially regarding the detenu's bail status, to be legally valid.
The detaining authority must have a subjective satisfaction based on material available on record, and the order of detention cannot be based on mere apprehension. The detaining authority must also c....
Preventive detention must adhere to constitutional safeguards, including providing grounds for detention and allowing the detenu to make representations.
A detention order against a person already in custody must show a likelihood of release based on cogent factors to avoid invalidity.
Failure to consider and furnish conditional bail orders in a preventive detention order renders the detention illegal.
Preventive detention orders must consider the detenu's existing custody and provide cogent reasons for necessity; failure to do so renders the order illegal.
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