DEVINENI VENKATARAMANA Vs. GOVT OF A P

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India for the issue of a writ of habeas corpus to quash the detention order dated July 30, 1991 made in C.No.80/CP/Camp/91, dated July, 30,1991 passed by the second respondent in exercise of the powers conferred on him under subsection (2) of Section 3 of Andhra Pradesh Prevention of Dangerous Activities of boot-Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986 (herein after referred to as 'the Act') read with the order of the Government of Andhra Pradesh issued in G.O.Rt.No.2430, General Administration (General-A) Department dated 4-6-1991 directing Devineni Venkateswara Rao @ Ramana (in brief the 'Detenu') to be detained under the Act and lodged in the Central Prison, Rajahmundry. Along with the order of detention, the detenu was also supplied with the grounds of detention. Assailing the orders of detention the above writ petition was filed by Devineni Umameheswara Rao, the brother of the detenu.

(2.) Through number of grounds were urged in the writ petition for quashing the order of detention dated July, 30,1991 since we are inclined to allow the writ petition on one of the points basing on series of judgment of the Supreme Court, we are not inclined to consider the other points raised in the writ petition.

(3.) The point that arises for consideration is when once the detention order dated 21-1-91 had been quashed, whether the detaining authority is justified in passing the order of detention dt.30th July, 1991 including some of the grounds covered by the detention order dt.21-1-1991.