W.P. No. 10257 of 2015. Case: Eashwar Lal Vs The State of Telangana and Ors.. High Court of Andhra Pradesh (India)
| Case Number | W.P. No. 10257 of 2015 |
| Counsel | For Appellant: A. Prabhakar Rao, Adv. and For Respondents: GP |
| Judges | Nooty Ramamohana Rao and Anis, JJ. |
| Issue | Andhra Pradesh Prevention of Dangerous Activities of Boot-leggers, Dacoits, Drug-offenders, Goon-das, Immoral Traffic Offenders and Land-grabbers Act, 1986 - Sections 11(5), 3; Constitution of India - Articles 21, 22, 22(5) |
| Citation | 2015 (6) ALT 1 |
| Judgement Date | September 08, 2015 |
| Court | High Court of Andhra Pradesh (India) |
Order:
Nooty Ramamohana Rao, J.
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This Writ Petition is directed against the order of detention passed by the Commissioner of City Police, Hyderabad on 24.01.2015 exercising the power available to him under sub-section (2) of Section 3 of the Andhra Pradesh Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986. The father of Sri Manmohan Singh (hereinafter be referred to as the detenu) moved this Writ Petition on his behalf.
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The Commissioner of Police has passed the order of detention on 24.01.2015 and also supplied the grounds of detention to the detenu on the same day itself. He has referred to five separate instances of various crimes in which the detenu was involved. The first one is Crime No. 123 of 2013 registered by Mangalhat Police Station, pursuant to an incident that took place on 05.05.2013. The complainant was proceeding on a horseback at about 15.30 hours near about Jinsi Chowrah locality and when he was approaching Chunneki Batti, the detenu has driven his car in a negligent manner, hit the horse from behind, and as a result of this accident, the horse had jumped and when the complainant questioned the detenu for his rash driving, the detenu not only abused him in an improper language but also caused a blow with a stone causing bleeding injuries on his head. In the meantime, the owner of the horse reached the spot. Even he was abused and assaulted. This, according to the Commissioner, created a kind of terror in the locality. The second crime is Crime No. 176 of 2014 registered by the same Mangalhat Police Station concerning the event that took place on 03.07.2014. While the complainant and his friend were standing beside Jali Hanuman Temple, Mangalhat Area, at about 05.00 PM, the detenu and his associate came there on a motor bike and initially abused them and thereafter, bet them mercilessly without there being any reason, thus, causing bleeding injuries. It is alleged that the detenu and his associate threatened various shop-keepers around the area with dire consequences, thus created panic in the locality. The third crime relates to an offence booked by Prohibition & Excise Police of Dhoolpet, where the Government Chemical Examiner had opined that the sample collected by them from the house of the detenu is an illicitly-distilled liquor, which is unfit for human consumption and injurious to health. The next two offences referred to in the detention order were also excise offences of similar nature as the one which is just now referred to. Taking into account and consideration these cases and the manner in which these offences have been gone about occurring and also the terror and panic that they created, the detaining authority had considered it appropriate to detain the detenu, so as to prevent him from repeating the same offences and also to prevent him from indulging in any further act, which is capable of disturbing the peace and tranquility of the society. The order passed by the detaining authority has been confirmed by the State Government and when the material has been placed before the Advisory Board, the Advisory Board tendered its opinion that there was sufficient material and basis for the order. The order of detention has been confirmed by the State Government on 26.03.2015 proposing to confine the petitioner in detention for a period of 12 months from the date of detention. It is in this backdrop, the present Writ Petition came to be instituted.
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We heard Sri A. Prabhakar Rao, learned counsel for the petitioner and Sri H. Venu Gopal, learned Government Pleader for Home, State of Telangana.
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Sri Prabhakar Rao would submit that ordinary crimes, which were booked against the detenu, have been taken into account and consideration and they were sought to be made the basis for the order of detention unjustly. This apart, the events, which have been made the basis in the detention order are all remote events and they are not proximately connected to the event of preventive detention passed by the Commissioner of Police on 24.01.2015. It is therefore, urged that the order of detention is per se bad for lacking appropriate material and basis for preventively detaining the detenu. It was also urged by Sri Prabhakar Rao that on behalf of the detenu, when a copy of a representation is delivered to the jail authorities, so that they can secure the signature of the detenu thereon, so as to forward the same for consideration to the State Government, the jail authorities have merely collected the copy of the representation, but have not acted in the matter as expected of them. In those set of circumstances, the father of the detenu has submitted the representation on 16.02.2015 and sent it by Registered Post. The said representation has, in...
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