VANDANA GUPTA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard Mr. A.Prabhakar Rao learned counsel for petitioner and the learned Additional Advocate General for the respondents.

(2.) Petitioner is challenging the order of detention dated 30.04.2021 of Mankari Prakash s/o. Raghunatha Rao, as affirmed by the Advisory Committee, Notified vide G.O.Rt.No.1411 General Administration (Spl. (Law and Order) Department, dated 02.07.2021.

(3.) Learned counsel for petitioner made several submissions on various aspects alleging vitiation of the detention order. Firstly, on the solitary instance of involvement in one crime, the preventive detention of a person cannot be resorted to and such decision amounts to arbitrary exercise of power and authority affecting the life and liberty of an individual giving a go-bye to constitutional safeguards and criminal law. Secondly, by order dated 28.04.2021 made in Criminal Petition No.3150 of 2021, conditional bail was granted by this Court effectively safeguarding the interest of the State, whereas the detention authority has not taken into consideration the conditions imposed in the bail. This clearly shows non-application of mind while dealing with detention of a person impinging his right to life and liberty. The detention order is vitiated ex facie on that ground alone.