HAMEEDA BEGUM Vs. STATE OF TELANGANA AND ORS.

JUDGEMENT

(1.) THIS writ petition is instituted by the wife of the detenu challenging the validity of the orders passed by the Commissioner of Police on 28.05.2015 preventively detaining her husband by name Sri Hamza Bin Omer @ Zaffer Pehalwan S/o Omer Bin Mohd.

(2.) THE Commissioner of Police, Hyderabad City, in exercise of power available to him under Sub Section 2 of Section 3 of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug -Offenders, Goondas, Immoral Traffic Offenders and Land -Grabbers Act, 1986 (henceforth for brevity referred to as 'Act'), passed the order on 28.05.2015 for preventively detaining Sri Hamza Bin Omer @ Zaffer Pehalwan S/o Omer Bin Mohd., aged about 62 years R/o Rahmath Nagar, Yakuthpura, Hyderabad. In the grounds of detention passed on the same day, the Commissioner of Police has referred to 6 different instances of involvement of the accused in one crime or the other, for purpose of recording his subjective satisfaction that the detenu answers the description of 'goonda' as defined by Section 2(g) of the Act and that he deserves to be detained to prevent him from indulging in similar acts any further.

(3.) THE expression 'Goonda', therefore, attracts men who either by themselves or as a member of a Gang or leader of a Gang habitually commit or abet the commission of offences under Chapter XVI or XVII or Chapter XXII of Indian Penal Code (hereinafter for short referred to as 'IPC').