SANA BEGUM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) WP No.19296 of 2020 is filed by the wife of detenu (Mohammed Nadeem), the other WP No.17307 of 2020 is filed by the father of the detenu. Though for the same cause two writ petitions are not maintainable, since the other one is filed by the father of the detenu, instead of dismissing the same it is clubbed with the other case as the decision in the writ petition filed by the wife of the detenu will abide by in the other writ petition. To adjudicate the lis, it would suffice if facts in WP No.19296 of 2020 are adverted to.

(2.) The petitioner seeks to issue a writ of habeas corpus directing the respondents to produce the detenu before this Court and further order him to be released after declaring the order of detention passed by the 2nd respondent vide order of detention No.19/PD-CELL/CYB/2020, dtd. 21/6/2020 in exercise of power conferred under Sec. 3(1) & (2) r/w Sec. 2(a) & 2(b) of Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goonda, 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 1 of 86), (for brevity, "the PD Act") and the consequential confirmation order passed by the 1st respondent as being illegal, unconstitutional and void and quash the same.

(3.) The 2nd respondent ordered the detention of the detenu on the ground that the detenu along with his associates has been indulging in acts of goondaism by committing property offences i.e. robbery and extortion in an organized manner and he is a "Goonda" as defined in Clause (g) of Sec. 2 of the Act and thereby creating panic and a feeling of insecurity among the general public affecting public order, apart from disturbing peace and tranquility in the society and accordingly the detention order. The Government accorded approval of the said detention order vide GO Rt.No.1055, dtd. 29/6/2020. Thereafter the matter was referred to the Advisory Board, which, on review, and after perusal of the grounds of detention and the record connected therewith opined that there was sufficient cause for detention of the detenu and considering the same the Government confirmed the order of detention passed by the 2nd respondent.