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K. LAKSHMAN, P. SREE SUDHA
Chandrakanth Siddharth Kamble – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. Heard Sri A. Venkatesh, learned Senior Counsel, representing Sri R.Anurag, learned Counsel for petitioners and Sri Swaroop Oorilla, learned Special Government Pleader, representing Additional Advocate General, for respondents.
2. This Writ Petition is filed by the petitioner to declare/quash the Preventive Detention Order dated 02.06.2021 bearing No. 65/PD CELL/CYB/2021 issued and also proclamation notice dated 24.01.2023 bearing No. 65/PD.Cell/CYB/ 2021-23 issued by 2nd respondent, as illegal.
FACTS:
3. The petitioner engaged in the garment trading business in the State of Maharashtra for the past decade. However, he was surprised to see proclamation notice dated 24.01.2023 bearing No. 65/PD-Cell/CYB/2021-23 affixed to the wall of his house in the first week of April 2023. Allegedly, a Preventive Detention order was issued against him on 02.06.2021, declaring him as a Fake Document Offender under the Act by Respondent No. 2 herein.
4. The petitioner contends that in the proclamation notice, it is alleged that notices issued against him have been returned unserved despite all possible efforts, and he has been wilfully absconding and concealing himself to evade the execution o
Preventive detention must be justified by a clear disturbance to public order, not merely by allegations of individual offenses.
(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 clear evidence of a threat to public order, not merely the existence of FIRs; such orders cannot substitute for ordinary law enforcement.
Preventive detention requires substantive evidence linking the detenue's activities to a disturbance of public order, not just the registration of FIRs.
Preventive detention requires clear evidence of a threat to public order, not merely the existence of criminal charges, to justify the detention.
Preventive detention requires clear evidence of disruption to public order, not merely the existence of criminal charges.
The detention order must be based on valid grounds related to public order, and the detaining authority must consider all relevant facts, including the petitioner's release on bail for all offenses.
Preventive detention requires substantial evidence linking the detainee's actions to a threat to public order, not merely the registration of FIRs.
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