LAWS(TLNG)-2021-10-61

MAHMOODA BEGUM Vs. STATE OF TELANGANA

Decided On October 21, 2021
Mahmooda Begum Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) Smt. Mahmooda Begum, the petitioner, has filed this Habeas Corpus petition on behalf of her grandson, Ahmed Hussain @ Amer Hussain @ Gajini Amer, S/o. late Akthar Hussain, aged about 26 years, the detenu, challenging the detention order vide SB (I)No.7/PD-7/HYD/2021, dated 06.01.2021, passed by the respondent No.2-Commissioner of Police, Hyderabad City, wherein, the detenu was detained under Section 3(2) 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 (for short, "P.D. Act") and the consequential confirmation order vide G.O.Rt.No.655, General Administration (Spl. (Law and Order)) Department, dated 20.03.2021, passed by the Principal Secretary to Government, General Administration (Spl. (Law and Order)), Department, Government of Telangana.

(2.) Heard the submissions of Sri Mohd. Islamuddin Ansari, learned counsel for the petitioner, Sri A.Manoj Kumar, learned Assistant Government Pleader for Home representing the learned Additional Advocate General for the respondents and perused the record.

(3.) The background facts of the case, in brief, are that by relying two criminal cases registered against the detenu, viz., Crime Nos.192/2020 of Banjara Hills Police Station and 168/2020 of Reinbazar Police Station, the respondent No.2-Commissioner of Police, Hyderabad, passed the impugned detention order, dated 06.01.2021. According to the respondent No.2, the detenu is a 'Goonda '. He, along with his associates, committed the offences of attempt to murder and murder, in an organized manner, in the limits of Hyderabad Police Commissionerate, and thus created panic, terror and fear in the minds of general public, thereby disturbing the public order and peace and tranquility in the area. The unlawful activities of the detenu have been causing a feeling of insecurity in the minds of public on a regular basis, which is prejudicial to maintenance of public order. With a view to prevent the detenu from acting in the manner, which is prejudicial to the maintenance of public order, the impugned detention order, dated 06.01.2021, was passed, which was confirmed by the Government, by order, dated 20.03.2021. Hence, this Writ Petition before this Court.