The main legal point established in the judgment is the exceptional nature of preventive detention, the need for subjective satisfaction by the authority, and the importance of strict compliance with procedural safeguards.

ORDER :

P. Naveen Rao, J.

Heard learned counsel for petitioner Smt B.Mohana Reddy and learned Government Pleader for Home appearing for learned Additional Advocate General for respondents.

2. In these two writ petitions, petitioner is sister of two detenues viz., Mohmood Bin Alvi and Ayub Bin Alvi, who are detained by two independent proceedings dated 24.9.2021.

3. The orders of detention were passed against these two detenues on the allegations that they are involved in two recent crimes, Crime No.243 of 2021 registered on 17.7.2021 under Sections 302, 201, 120 (B), 147, 148 read with 149 IPC of Chaderghat Police Station and Crime No. 294 of 2021 registered on 18.7.2021 under Section 394 IPC in Afzulgunj Police station. The Detaining Authority also refers to previous involvement of the detenues in several crimes. In the case of Mahmood Bin Alvi, it is alleged that he was involved in 13 offences between 2002 to 2018 and that he was externed from the limits of Hyderabad Police Commissionerate in the year 2015 and there is no remorse and he continue to indulge in crimes. With reference to Ayub Bin Alvi, it is alleged that he was involved in six crimes between 2005 to 2017 and there is no remorse in his conduct and he continues to indulge in heinous crimes.

4. It is further asserted that these two detenues applied to grant bail on 13.8.2021 and 16.9.2021; as prosecution vehemently opposed granting of bail, both bail applications were rejected. However, the Detaining Authority anticipated that since no charge sheets were filed within the statutory time, there was every possibility of statutory bail being granted to them, the order of detention was passed to prevent the detenues being set free. As anticipated, on 20.10.2021 statutory bail was granted to both detenues. The Government approved detention order by order dated 1.10.2021 and on review, the Advisory Board confirmed the decision of the Detaining Authority to detain the detenues in its review meeting held on 27.10.2021. Based on the report of the Advisory Body, the Government confirmed the order of detention by order dated 25.11.2021 in case of Mahmood Bin Alvi and by order dated 18.11.2021 in case of Ayub Bin Alvi. It is asserted that having regard to the previous history of involvement in several crimes and involvement in heinous crimes of committing murder for gain and to have over all control in the locality to commit crimes, it is no more desirable to allow these detenues to go scot-free and allow them to indulge in committing further crimes which actions would be prejudicial to the maintenance of public order, therefore, detention is necessary.

5. Extensive submissions are made by learned counsel for detenues and learned Government Pleader for Home. Both counsel placed extensive reliance on decisions of this Court and the Hon’ble Supreme Court.

6. It is the assertion of learned counsel for detenues that the crimes registered against the detenues do not attract public order. What is alleged in Crime No. 243 of 2021 was a result of animosity between the deceased and detenue and this solitary instance cannot be the basis to resort to preventive detention. She would submit that even according to the prosecution, it is a case of murder to settle scores against the deceased as they bore grudge against him in trying to prevent their activities. The other crime reported against the detenues is an offence of theft of two wheeler motor vehicles. She would therefore submit that these two crimes are routine law and order problems and do not attract disturbance to public order requiring preventive detention.

7. Per contra, according to learned Government Pleader for Home, antecedent activities of the person can be looked into to assess the mind set of a person who frequently indulges in crimes, though, ultimately he may have been acquitted. The criminal bent of mind and motive to create panic and insecurity in the mind of people at large is evident in the manner in which victim was killed