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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
A.RAJASHEKER REDDY, M.LAXMAN, JJ.
Dandugula Susheela – Appellant
Versus
The State of Telangana, rep. by its Principal Secretary – Respondent
Writ Petition No.14677 of 2021
Decided on : 04-03-2022
habeas corpus - detention under Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser 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 - Section 3 (2)
Fact of the Case:
The petitioner sought a writ of habeas corpus directing the respondent authorities to produce her husband, Dandugula Mohan, who was detained at Central Prison, Chanchalguda, Hyderabad, and to release him after declaring the order of detention as illegal.
Finding of the Court:
The court found that the order of detention was not in terms of the Act and without jurisdiction. The incidents relied upon by the second respondent as grounds for detention were not justified for passing the order of detention. The court allowed the writ petition and set aside the order of detention, directing the release of the detenu.
Issues: The first issue was whether the second respondent could exercise the powers under Section 3(1) of the Act to pass detention order in the absence of any order authorizing him by the Government under Section 3(2) of the Act. The second issue was whether the incidents relied upon by the second respondent as grounds to pass the order of detention were justified.
Ratio Decidendi: The court held that the order of detention, as approved by the first respondents, required to be set aside as it was not in terms of the Act and without jurisdiction. The incidents relied upon did not amount to public disorder and were private in nature, falling within the larger circle of law and order. The court also found that the reference to the detenu's past history had no relevancy to appreciate the justifiability of the order of detention.
Final Decision: The Writ Petition was allowed, setting aside the order of detention and directing the release of the detenu. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed.
ORDER :
M.LAXMAN, J.
1. The petitioner seeks a writ of habeas corpus directing the respondent authorities to produce her husband, Dandugula Mohan, S/o. Late Sailoo, now detained at Central Prison, Chanchalguda, Hyderabad, and to release him forthwith, after declaring the order of detention dated 23.04.2021 passed by the second respondent herein under proceedings No.SB(I) No.143/PD-5/Hyd/2021, 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, Fertiliser 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 (for short, the Act), confirmed by the first respondent, vide G.O.Rt.No.1433, General Administration (Spl.(Law & Order) Department, dated 05.07.2021, as illegal.
2. Heard both sides.
3. The second respondent passed the order of detention stating that the detenu is indulged in the acts of goondaism and as a leader of a criminal gang, habitually committing offences including criminal breach of trust, wrongful confinement, assault on public servants thereby obstructing them from discharge of their lawful duties along with your associate in an organized manner in the limits of Hyderabad Police Commissionerate, thereby created panic, terror and fear in the minds of the general public, thereby disturbing the public order and tranquility in the area and has been causing a feeling of insecurity in the minds of the pubic and his activities are prejudicial to the maintenance of public order and peace in the area.
4. The grounds for detention appended to the order of detention dated 23.04.2021 reflect that the detaining authority took into account the following three criminal cases involving the detenu for forming the subjective satisfaction that he needed to be detained in exercise of power under the Act.
This crime relates to the incident occurred on 02.08.2020 at the house the detenu. The facts disclose that on the said date, the patrolling party of Police, Tukaramgate, were on duty to check the rowdy sheeters, and in that process, to verify the activities of the detenu, who was a rowdy sheeter, they visited the house of the detenu. The Police found the detenu with his assistants (family members) was celebrating a party by forming unlawful assembly. Then the detenu and his associates attacked and obstructed the Police while discharging their lawful duties. The detenu attacked on the Police and pushed the Constable, Mohan Rao, P.C. 7079 (complainant), as a result of which, he sustained injuries on his abdomen and other parts of the body. Other associates of the detenu also attacked on the other Police and caused injuries. The injured were referred to Shenoy Hospital. Basing on the complaint, FIR was registered for the offences under Sections 353, 332, 188, 189 read with Section 34 of IPC, Section 3 of the Epidemic Diseases Act, 1987 and Section 51(B) of the Disaster Management Act, 2005. The detenu and his associates were arrested on 12.08.2020. Subsequently, they were enlarged on bail, by order dated 18.08.2020.
(ii) FIR No.183/2020 of Police Station, Tukaramgate:
This crime relates to the incident occurred in the month of February, 2020. The allegations in the crime are that while the complainant i.e., Smt.Vaddi Madhavi and her son Vaddi Mahesh were in search of purchasing a house plot in and around Waddera Basti, Addagutta, East Marredpally, Secunderabad, the detenu and his associates, upon knowing the same, hatched a plan to cheat them by fabricating the title documents relating to plot No.115, admeasuring 100 square yards, in Sy.No.74/11, situated at Waddera Basti, Addagutta, East Marredpally. On the basis of forg
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