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SHAMEEM AKTHER, N.TUKARAMJI
K. Rajeswari W/o Sri K. Chandraiah – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. Smt. K. Rajeswari, the petitioner, has filed this Habeas Corpus petition on behalf of her son Kolipaka @ Kokku Rakesh S/o Chandraiah @ Ramchandram, the detenu, challenging the detention order vide C. No. 102/PDC/KNR/2021, dated 27.05.2021, passed by the respondent No. 2, whereby, the detenu was detained under Section 3(2) of the Telangana Preventive Detention Act, 1986 (Act 1 of 1986) and the consequential confirmation order vide G.O.Rt. No. 1656, General Administration [Spl. (Law and Order)] Department, Government of Telangana, dated 24.07.2021, passed by respondent No. 1.
2. Heard Sri Ashok Anand Kumar, learned senior counsel appearing for Sri B. Rajeshwar Reddy, learned counsel for the petitioner, Sri A. Manoj Kumar, learned Assistant Government Pleader for Home appearing for the learned Additional Advocate General for the respondents and perused the record.
3. The case of the petitioner is that relying on three crimes registered against the detenu in the years 2020 and 2021 i.e. Crime Nos.186 of 2020, 74 of 2021 and 83 of 2021 of PS LMD Colony and Karimnagar-I Town
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....
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 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.
(1) Preventive detention – Unless Government is justified in holding that act of detenu is prejudicial to maintenance of public order, preventive detention would be bad and would be in violation of A....
(1) Preventive detention – Powers to be exercised under Preventive Detention Law are exceptional powers which have been given to Government for its exercise in an exceptional situation as it strikes ....
The detention order must be supported by material showing a threat to public order and must consider the release on bail in such cases.
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