RIZWANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present Writ Petition came to be filed seeking issuance of a writ of Habeas Corpus by one, Rizwana seeking production of her husband Shaik Babjan, son of Shaik Bashu (for short, 'detenu') now detained in Central Prison, Kadapa, vide proceedings dated 9.3.2020 in RC.No.MC1/891/2020, by the 2nd respondent herein, as confirmed by the 1st Respondent-State vide G.O.Rt.No.762, dated 1.5.2020, and set him free after declaring his detention as illegal, improper and incorrect.

(2.) By an order date 9.3.2020, the Collector and District Magistrate, Ananthapuramu District, ordered the detention of the detenu under Section 3 (2) read with Section 2 (g) of the A.P. Prevention of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short, 'the Act') on the ground that he is a 'GOONDA' within the meaning of the Act and with a view to prevent him from acting in a manner prejudicial to the maintenance of the public order. In exercise of powers conferred under Sub-Section (3) of Section 3 of the Act, the Government approved the order of detention vide G.O.Rt.No.597, dated 19.3.2020. As required under Section 10 of the Act, the detenu was produced before the Advisory Board constituted under Section 9 of the Act. The case was reviewed by the Advisory Board through Video Conference on 28.4.2020. After perusing the representation of the wife of the detenu and the grounds along with the record, the Advisory Board opined that there is sufficient case for detention of the detenu. After due consideration of the opinion of the Advisory Board and the material available on record, the Government, in exercise of its power under SubSection (1) of Section 12 read with Section 13 of the Act, confirmed the order of detention, dated 9.3.2020, passed by the Collector and ordered detention of the detenu for a period of 12 months. It is to be noted here that as on the date of passing of the detention order, the detenu was in judicial custody.

(3.) The grounds of detention served on the detenu refer to the following four incidents : The first incident relates to crime No.182 of 2010 of Dharmavaram Town Police Station, registered for the offence punishable under Section 354 I.P.C. In the said case, the detenu was arrested on 29.5.2010. After filing of chargesheet, the case was ended in acquittal under Section 232(1) Cr.P.C. by Hon'ble Additional District Judge, Penukonda vide S.C.No.184 of 2011. The second incident relates to crime No.25 of 2015 of Chennekothapalli Police Station, registered for the offences punishable under Sections 302, 201 read with Section 34 I.P.C. and Section 3(2) of SC/ST (PoA) Amendment Act, 2015. In the said case, the detenu was arrested on 10.12.2019. The detenu was produced before the Hon'ble Judicial Magistrate of First Class, Dharmavaramu through P.T. Warrant on 27.12.2019 and sent for remand. The case is under investigation. The third incident relates to crime No.147 of 2019 of Dharmavaramu Rural Police Station, registered for the offences punishable under Sections 302, 201 read with Section 34 I.P.C. In the said case, the detenu was arrested on 10.12.2019. The detenu was produced before the Hon'ble Judicial Magistrate of First Class, Dharmavaramu for remand. The case is under investigation. The fourth incident relates to crime No.194 of 2019 of Chennekothapalli Police Station, registered for the offences punishable under Sections 302, 201 read with Section 34 I.P.C. In the said case, the detenu was produced before the Hon'ble Judicial Magistrate of First Class, Dharmavaramu through P.T. warrant on 23.12.2019 and sent for remand. The case is under investigation.