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A. RAJASHEKER REDDY, SHAMEEM AKTHER
Farhat Kausar – Appellant
Versus
State of Telangana – Respondent
ORDER :
SHAMEEM AKTHER, J.
Smt. Farhat Kausar, the petitioner, has filed this Habeas Corpus petition on behalf of her husband, Mohd. Jumman, S/o Mohd. Alam, aged about 33 years, the detenu, challenging the detention order, dated 21.08.2020, passed by the Commissioner of Police, Cyberabad Commissionerate, the respondent No.2, wherein, the detenu was detained under Section 3(2) 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 & White Collar or Financial Offenders Act, 1986 (for short "P.D. Act") and the confirmation order vide G.O.Rt.No.1631, General Administration (Spl. (Law & Order)) Department, dated 28.10.2020, passed by the Principal Secretary to Government, General Administration (Spl. (Law & Order) Departm
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....
The distinction between 'public order' and 'law and order' is crucial in determining the justification for preventive detention under the P.D. Act, and the sufficiency of subjective satisfaction by t....
Every breach of the peace does not lead to public disorder. When two drunkards quarrel and fight there is disorder but not public disorder. They can be dealt with under the powers to maintain law and....
Detention order – Justified - Cases registered under the NDPS Act - Drug-offender – Exclusion of two criminal cases registered for the offences punishable under Section 302 r/w 34 of IPC and Sections....
(1) Mere contravention of law such as indulging in cheating or criminal breach of trust certainly affects ‘law and order’ but before it can be said to affect ‘public order’, it must affect the commun....
Preventive detention requires substantive evidence linking the detenue's activities to a disturbance of public order, not just the registration of FIRs.
The main legal point established is the distinction between law and order and public order, emphasizing that preventive detention should be reserved for emergent situations affecting public order.
: Preventive detention – Mere disturbance of law and order leading to disorder is not necessarily sufficient for action under Preventive Detention Laws.
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