SupremeToday Landscape Ad
Back
Next
Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content
Listen Article Pause Article
judgment-img

2020 Supreme(Telangana) 758

IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
R.S. CHAUHAN, B. VIJAYSEN REDDY, JJ.
K. Bharathi – Appellant
Versus
The State of Telangana and Ors. – Respondents
Writ Petition No. 15252 of 2020
Decided On : 15-12-2020

Important Points

The detaining authority must provide proper and cogent reasons to conclude that the activities of the detenu are prejudicial to the maintenance of public order.

Subject

Criminal Law - Preventive Detention

Act Referred

CONSTITUTION OF INDIA : Art.21, Art.22
CRIMINAL PROCEDURE CODE : S.313
PREVENTIVE DETENTION ACT : S.3(1)

Headnote

Habeas Corpus - Detention Order - Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertilizer Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 (Amendment Act No. 1 of 1986) - Section 3 - Summary: The detention order passed against the petitioner was challenged as being illegal, arbitrary, unconstitutional, and violative of Articles 21 and 22 of the Constitution of India. The court found that the detaining authority did not provide proper and cogent reasons to conclude that the activities of the detenu were prejudicial to the maintenance of public order. The detention order was set aside, and the detenu was directed to be set at liberty forthwith.

Fact of the Case:

The detention order passed against the petitioner was challenged as being illegal, arbitrary, unconstitutional, and violative of Articles 21 and 22 of the Constitution of India.

Finding of the Court:

The court found that the detaining authority did not provide proper and cogent reasons to conclude that the activities of the detenu were prejudicial to the maintenance of public order.

Issues: The legality, arbitrariness, constitutionality, and violation of Articles 21 and 22 of the Constitution of India in the detention order.

Ratio Decidendi: The detention order can only be passed when the detaining authority is satisfied that there is a breach of peace and tranquility and that the activities of the detenu prejudicially affect public order. The detaining authority must provide proper and cogent reasons to conclude that the activities of the detenu are prejudicial to the maintenance of public order.

Final Decision: The detention order was set aside, and the detenu was directed to be set at liberty forthwith.

Advocates:
Advocate Appeared:
For the Appellant : Khaja Nizamuddin
For the Respondents: T. Srikanth Reddy, GP

ORDER :

B. Vijaysen Reddy, J.

1. The detention order passed against Kamble Anil, S/o. late Anjaiah, dated 29.10.2019, by the Commissioner of Police, Hyderabad City, in exercise of powers conferred under sub-section (2) of Section 3 of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertilizer Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 (Amendment Act No. 1 of 1986) (for short 'the Act') and as approved by the Government vide G.O.Rt. No. 838 dated 02.05.2020, are challenged by way of this writ of Habeas Corpus as being illegal, arbitrary, unconstitutional and violative of Articles 21 and 22 of the Constitution of India.

2. Heard Mr. Khaja Nizamuddin, the learned counsel for the petitioner and Mr. T. Srikanth Reddy, the learned Government Pleader for Home for the respondents.

3. The learned counsel for the petitioner submits that the grounds of detention are vague, irrelevant and non-existing grounds. The detention order is passed in a mechanical way without proper application of mind. The activities of the detenu can be dealt with under ordinary criminal law and will not come under the purview of causing damage or insecurity to the public at large. Moreover, the detenu was granted conditional bails and his movements are all subject to the surveillance of the police.

4. Per contra, the learned Special Government Pleader submits that the detenu is involved in theft of gold ornaments, cell phones and wallets from the passengers traveling in RTC buses along with his associates in an organized manner in the limits of Hyderabad Police Commissionerate. The detenu has created large scale fear and panic among public, thereby, adversely affected public order. The detenu answers the description of Goonda under Section 2(g) of the Act and his activities attract the expression "acting in any manner prejudicial to the maintenance of public order", as defined under Section 2(a) of the Act. There is possibility of detenu indulging in similar activities, which could affect maintenance of public order. Hence, the detaining authority formed subjective satisfaction that ordinary criminal law will not have deterrent effect in curbing the prejudicial activities of the detenu and as such, passed the detention order in larger public interest. Thus, the writ petition is liable to be dismissed.

5. The detenu is alleged to have been involved in four criminal cases, during 2016-2018, which are taken as antecedent criminal history. In the detention order, five cases have been considered as grounds for detention, as shown below:

Sl. No.

Crime No. and Date

Police Station

Offence

Date of arrest

Particulars of Bail

1.

Cr. No. 11 of 2019 Dt. 09.01.19

Afzalgunj PS

u/s. 379 IPC

23.06.2019 in Cr. No. 169 of 2019

Detenu moved bail petition; police filed counter on 02.07.19 opposing grant of bail and vide CRLMP. No. 807 of 2019 the detenu was released on bail vide release order dated 18.07.19.

2.

Cr. No. 43 of 2019 Dt. 14.02.19

Afzalgunj PS

u/s. 379 IPC

23.06.2019 in Cr. No. 169 of 2019

Detenu moved bail petition; police filed counter on 02.07.19 opposing grant of bail and vide CRLMP. No. 809 of 2019 the detenu was released on bail vide release order dated 18.07.19.

3.

Cr. No. 61 of 2019 Dt. 05.03.19

Afzalgunj PS

u/s 379 IPC

23.06.2019 in Cr. No. 169 of 2019

Detenu moved bail petition; police filed counter on 02.07.19 opposing grant of bail and vide CRLMP. No. 810 of 2019 the detenu was released on bail vide release order dated

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top