IN THE HIGH COURT FOR THE STATE OF TELANGANA, HYDERABAD * * *

WRIT PETITION NO.9893 OF 2025 Between:

Aziz Hassan Kotadia, S/o. Hassan Natha Kotadia, aged 65 years, R/o. Flat No.416, Daredia Sky Gardens, Near KVR Gardens, Kompally, Medchal, Hyderabad.

Petitioner VERSUS The State of Telangana, Rep. by its Principal Secretary to the Govt., (Spl. Law & Order), GAD, Telangana Secretariat, Hyderabad and Others.

Respondents ORDER PRONOUNCED ON: 15.10.2025 THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE GADI PRAVEEN KUMAR

1. Whether Reporters of Local newspapers may be allowed to see the Judgments? : Yes

2. Whether the copies of judgment may be Marked to Law Reporters/Journals? : Yes

3. Whether Her Ladyship wishes to see the fair copy of the Judgment? : No _________________________________ MOUSHUMI BHATTACHARYA, J THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE GADI PRAVEEN KUMAR WRIT PETITION NO.9893 OF 2025 Mr. G. Vidya Sagar, the learned Senior Counsel representing Ms.M.Vanajakshi, learned counsel for the petitioner.

Mr.Swaroop Oorilla, the learned Special Government Pleader appearing for the learned Additional Advocate General for the respondents.

ORDER:(Per Hon’ble Justice Moushumi Bhattacharya

1. The petitioner seeks a Writ of Habeas Corpus for setting the detenu at liberty and for declaring the detention order vide Order No:04/SB/PD-CELL/CYB/2024 dated 08.11.2024 passed by the respondent No.2 and the approval order vide G.O.Rt.No.1510 dated 12.11.2024 passed by the respondent No.1 as illegal and to set aside the said two orders.

2. The petitioner claims to be the father of the detenu. According to the petitioner, the impugned detention order has been passed mechanically only on the basis of two crimes of Robbery registered against the detenu by FIRs dated 14.02.2024 and 20.06.2024 which cannot be made the basis of a preventive detention order.

3. The brief facts leading to the impugned orders are as follows.

(i) On 14.02.2024, Crime No.65 of 2024 was lodged against the detenu under section 394 read with section 34 of The Indian Penal Code, 1860 (‘IPC’) at Chaderghat Police Station. The detenu was arrested on 16.02.2024 for the said crime under the charge of Robbery. The detenu was thereafter released on bail on 08.04.2024.

(ii) A second crime was registered against the detenu vide Crime No.604 of 2024 on 20.06.2024 under sections 398 and 307 of the IPC at Medchal Police Station for which the detenu was arrested on 22.06.2024. On 04.10.2024 although the detenu was granted mandatory bail under section 167(2) of The Code of Criminal Procedure, 1973 (‘Cr.P.C.’) due to non-filing of the Chargesheet, the detenu remained in judicial remand for non-furnishing of sureties.

(iii) The impugned detention order was passed on

08.11.2024 whereby the detenu was directed to be detained and lodged in the Central Prison, Cherlapally, Medchal-Malkajgiri District. The impugned detention order was approved by an order dated 12.11.2024 in G.O.Rt.No.1510 and thereafter confirmed by an order vide G.O.Rt.No.1645 dated

07.12.2024.

4. Learned Senior Counsel appearing for the petitioner submits that the present Writ Petition for a Writ of Habeas Corpus has been filed to declare the impugned detention order as well as the approval order as illegal and contrary to the detenu’s rights guaranteed under the Constitution of India. Counsel submits that a Writ of Habeas Corpus is maintainable when the petitioner establishes that the detention is unlawful. Counsel further submits that the acts of the detenu forming the basis of his detention do not qualify the definition of any act ‘prejudicial to maintenance of public order’ as given in section 2(a) of The Telangana Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders,