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SHAMEEM AKTHER, A.RAJASEKHAR REDDY
Kammati Amrutha – Appellant
Versus
State of Telangana – Respondent
ORDER :
Dr. Shameem Akther, J.
1. Kammati Amrutha, W/o. Anjaiah, the petitioner, has filed the present Habeas Corpus petition, on behalf of her nephew, Kurra Anjaiah, S/o. Lachaiah, challenging the detention order, dated 11.08.2020, passed by the respondent No. 2-Commissioner of Police, Ramagundam, and the consequential confirmation order, dated 20.08.2020, passed by the respondent No.1-State of Telangana, represented by its Principal Secretary, Home Department, Hyderabad.
2. We have heard the learned counsel for both sides and perused the record.
3. Briefly, the facts of the case are that by relying on three recent criminal cases registered against the detenu during the year 2020 in the limits of Ramagundam and Karimnagar Police Commissionerates, the Commissioner of Police, Ramagundam, the respondent No. 2, passed the detention order, dated 11.08.2020. According to the respondent No. 2, the detenu indulged in the acts of goondaism by committing series of offences such as Burglaries, Automobile Thefts and Bodily Offence and created fear in the minds of general public. With a view
Point of law: It is the bounden duty of the Police to inform the learned Public Prosecutor about the conduct of an accused and to handover the history-sheet of the accused
The judgment establishes the principle that the invocation of preventive detention laws should be wary and that the distinction between 'law and order' and 'public order' must be carefully considered....
The main legal point established in the judgment is the necessity of justifying the invocation of preventive detention laws and the distinction between 'law and order' and 'public order' in determini....
The main legal point established is the need for caution in invoking preventive detention, especially in distinguishing between 'law and order' and 'public order' as per Supreme Court precedents.
: Preventive detention – Mere disturbance of law and order leading to disorder is not necessarily sufficient for action under Preventive Detention Laws.
Point of Law : Detention order - there is every possibility of detenu committing similar offences in future, which are prejudicial to the maintenance of public order.- acts of the detenu cannot be ef....
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