FARHANA BEGUM Vs. STATE OF TELANGANA AND OTHERS

JUDGEMENT

(1.) Saleemullah @ Saleem @ Baba, son Shafifullah, was subjected to preventive detention under Sec. 3(2) of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (hereinafter, 'the Act of 1986 '), under order dated 26.11.2015 of the Commissioner of Police, Hyderabad City. Farhana Begum, his wife, filed the present writ petition seeking a writ habeas corpus to produce the detenu before this Court by declaring the detention order dated 26.11.2015 as illegal and unconstitutional. A consequential direction was sought for release of the detenu forthwith from Central Prison, Chanchalguda, Hyderabad, were he is lodged.

(2.) During the pendency of the writ petition, detention of the petitioner 's husband was approved by the Government under G.O. Rt. No. 3207, General Administration (Law and Order) Department, dated 7.12.2015. Thereafter, the matter was referred to the Advisory Board under Sec. 11(1) of the Act of 1986 and after consideration of the report submitted by the Board on 21.1.2016, the Government confirmed the detention of the petitioner 's husband for a period of 12 months under G.O. Rt. No.450, General Administration (Law and Order) Department, dated 23.2.2016.

(3.) The main ground on which the detention of the petitioner 's husband is challenged is that all the materials relied upon by the detaining authority were not made available to the detenu, who is uneducated and has acquaintance only with Urdu language. Mohd. Shafifullah, the father of the detenu, filed a sworn affidavit before us stating that his son is an uneducated person who could only communicate in Urdu but could not read or write any language. He further stated that but for affixing his signature; the detenu was incapable of reading or writing in Urdu or English.