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A.RAJASHEKER REDDY, SHAMEEM AKTHER
Charakonda Chinna Chennaiah – Appellant
Versus
State of Telangana – Respondent
ORDER:
SHAMEEM AKTHER, J.
1. Sri Charakonda Chinna Chennaiah, the petitioner, has filed this present petition on behalf of his son, Charagonda Uday Kiran @ Uday, the detenu, challenging the detention order vide NO.48/PD-CELL/CYB/2020, dated 28.09.2020, passed by the Commissioner of Police, Cyberabad Police Commissionerate, the respondent No.3.
2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Home appearing for the respondents and perused the record.
3. Briefly, the facts of the case are that by relying on a single criminal case registered against the detenu in the year 2020 (Crime No.452/2020 of Shadnagar Police Station), the Commissioner of Police, Cyberabad Police Commissionerate, the respondent No.3, passed the detention order dated 28.09.2020. According to the respondent No.3, the detenu is a Sexual Offender' as defined in clause (v) of Section 2 of The Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug- Offenders, Goondas, Immoral Traffic Offenders, Land-Grabbers, Spurious Seed Offenders, Insecticide Offender
Every breach of the peace does not lead to public disorder. When two drunkards quarrel and fight there is disorder but not public disorder. They can be dealt with under the powers to maintain law and....
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....
Point of Law : Detention order - there is every possibility of detenu committing similar offences in future, which are prejudicial to the maintenance of public order.- acts of the detenu cannot be ef....
The distinction between 'public order' and 'law and order' is crucial in determining the justification for preventive detention under the P.D. Act, and the sufficiency of subjective satisfaction by t....
Preventive detention requires substantive evidence linking the detenue's activities to a disturbance of public order, not just the registration of FIRs.
The detention order under the Gujarat Prevention of Anti Social Activities Act, 1985 must be based on material showing a threat to public order, and the detaining authority must consider all relevant....
The detention order must be based on material showing the detenu is a threat to public order, and vital facts must be disclosed. There is a distinction between 'law and order' and 'public order' in d....
The detention order must be based on legal and valid subjective satisfaction, considering all vital facts, and should not be a substitute for the ordinary law.
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