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A. RAJASEKHAR REDDY, G. SRI DEVI
Erukala Narsamma – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
G. Sri Devi, J.
1. Smt. Erukala Narsamma, the petitioner, has filed this habeas corpus petition on behalf of her son, Sri Erukala Venkatesam @ Venkatesh S/o. Mogulaiah, the detenu, challenging the detention order vide Proceedings No. 23/PD-CELL/CYB/2021 dated 22.03.2021, passed by the 2nd respondent, and the consequential confirmation order passed by the 1st respondent vide G.O. Rt. No. 1138, dated 21.05.2021, whereby, the detenu was detained under Section 3(2) of the Telangana Preventive Detention Act, 1986 (Act 1 of 1986).
2. Heard Sri K. Venumadhav, learned Counsel for the petitioner, 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 basing on two robbery offences viz., Crime No. 790/2020 of Dundigal Police Station and No. 812/2020 of Pet-Basheerbad Police Station, passed the impugned detention order, dated 22.03.2021. According to respondent No. 2, the detenu is a 'Goonda' as he has been habitually committing robberies by threatening with knife in an organized way to get easy money in the limits of Cyberabad Police Commissionerate, thus acti
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
(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....
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.
The main legal point established in the judgment is that for an act to warrant preventive detention on the grounds of public order, it must directly and inevitably lead to a harm, danger, or alarm am....
(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 main legal point established in the judgment is the distinction between law and order and public order, and the requirement for activities to have the potential to disturb public order in order t....
: 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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