Back
U. DURGA PRASAD RAO, KIRANMAYEE MANDAVA
Bethampalli Bhulakshmi – Appellant
Versus
State of Andhra Pradesh, Rep. by its Chief Secretary – Respondent
ORDER
Kiranmayee Mandava, J.—This Writ Petition is filed for issuance of Habeas Corpus by declaring the proceedings of the 2nd respondent, in detaining Sri Nagunuri Murali, S/o.Nagunuri Bhaskar, vide order dated 30-09-2023 in RC.No.C1/1388/M/2023, as confirmed by the 1st respondent in G.O.Rt.No.2378 General Administration (Spl.(Law and Order)), Department, dated 08-12-2023, as illegal, unconstitutional and sought for set aside of the same and set the detenue at liberty.
2. The writ petitioner is wife of the detenue, Sri Nagunuri Murali S/o.Nagunuri Bhaskar. The petitioner submits that the 2nd respondent vide proceedings dated 30-09-2023, passed an order of detention under Sec 3(1) & (2) 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, (Act No.1 of 1986), placing the detenue under detention in Central Prison, Kadapa. The said order of detention was confirmed by the 1st respondent vide G.O.Rt.No.2378 dated 08-12-2023, treating the detenue as ‘Goonda’ as defined under Sec.2(g) of the A.P Prevention of Bootleggers and Dacoits, Drug Offenders, Goondas, Immoral Traf
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....
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.
Non-consideration of bail orders in preventive detention renders the detention order illegal, impairing the detenue's right to make an effective representation.
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.
Preventive detention orders must consider all relevant material, including granted bail orders; failure to do so renders the detention invalid.
Failure to consider and furnish conditional bail orders in a preventive detention order renders the detention illegal.
Procedural irregularities and failure to consider the likelihood of the detenu being released on bail rendered the detention order illegal and unsustainable.
Preventive detention orders must consider all relevant materials, including bail orders, to ensure legality; failure to do so renders the detention illegal.
A preventive detention order is invalid if the detaining authority fails to consider relevant bail orders, undermining the legal basis for detention.
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
