YARA RAMALINGA VARA PRASAD Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The detention order dated 24.06.2020 passed against Yara Saikiran @ Sai @ Kiran, S/o. Varaprasad, by the 2nd respondent, Commissioner of Police, Hyderabad, in exercise of powers conferred under Sub-Section (2) of Section 3 of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertilizer Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 (Act No.1 of 1986) (for short 'the Act') and as confirmed by the State vide G.O.Rt.No.1268, General Administration (SPL) Law and Order Department dated 27.08.2020, are challenged in this Writ of Habeas Corpus as being illegal and arbitrary.

(2.) Heard Mrs. B. Mohana Reddy, learned counsel for the petitioner and Mr. T. Srikanth Reddy, learned Government Pleader for Home for the respondents.

(3.) The learned counsel for the petitioner submitted that the detaining authority passed the impugned detention order on flimsy grounds without any basis in a mechanical manner and without application of mind. There is no material to substantiate and justify for treating the detenu as 'Goonda' within the meaning of Section 2(g) of the Act. The crimes wherein the detenu is allegedly involved can be dealt with under ordinary law. Further, the alleged activities of the detenu come within the purview of maintenance of law and order and not public order. Hence, the impugned detention order is unsustainable and liable to be set aside.