A RUKMINI Vs. COLLECTOR AND DISTRICT MAGISTRATE KURNOOL

JUDGEMENT

(1.) The petitioner seeks issuance of Writ of Habeas Corpus declaring that the detention of Sri A.V. Subba Reddy, the husband of the petitioner, in pursuance of the detention order passed by the respondent, the District Collector and District Magistrate, Kurnool, in RC.No.C1/330/M/98, dated 11-02-1998 under Section 3 of A.P.Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986, (herein-afler referred to as 'Act 1 of 1986') is illegal and consequently direct that Sri A.V. Subba Reddy be set at liberty.

(2.) According to the petitioner, the detention order is quite bad and illegal as the same is not preceded by any satisfaction reached by the authority who passed the order, and it is contrary to the principles laid down by this Court in A. Raja Reddy v. Collector & District Magistrate, 1996 (4) ALD 1154, According to the petitioner, the order of detention passed by the respondent is based on vague allegations and the grounds are irrelevant. In respect of the same allegations already criminal proceedings have been initiated which are pending disposal. Thus, the detention order passed by the respondent is not only not preceded by the satisfaction of the authority concerned but the same is resultant of non-application of mind to the provisions of Act 1 of 1986.

(3.) Sri A.Ram Narayana, learned Counsel for the petitioner urging the above points submits that the order of detention passed by the respondent is mala fide and it is passed at the instance of political rivalries of Sri. B. Nagi Reddy, who is a candidate contesting for the Parliament Elections for the Lok Sabha seat from Nandyal Constituency, to which group the husband of the petitioner belongs. It is also submitted that the alleged detenu was appointed as Chief Election Agent on behalf of Sri B. Nagi Reddy. In support of the above contentions, Sri A. Ram Narayana learned Counsel for the petitioner, placed reliance on the decisions of this Court and also the Supreme Court in A. Raja Reddy v. Collector & District Magistrals, 1996 (4) ALD 1154., Mohd Yousuf v. State of Jammu & Kashmir, AIR 1979 SC 1925, and B. SundaraRao v. State of Orissa, AIR 1972 SC 739.