MAHJABEEN BEGUM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Smt. Mahjabeen Begum, the petitioner herein, has filed this Habeas Corpus Petition on behalf of her husband, Syed Sahil @ Shooter, S/o. Syed Akbar, aged about 20 years, the detenu, challenging the detention order passed by the 2nd respondent-Commissioner of Police, Hyderabad City, vide SB (I) No.83/PD-2/HYD/2021, dated 12.05.2021, 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 While Collar of Financial Offenders, Cyber Crime Offenders and White Collar of Financial Offenders Act, 1986 (Act No.1 of 1986) (hereinafter referred to as 'the Act ') and the consequential confirmation order passed by the 1st respondent approving the detention vide G.O.Rt.No.1126, General Administration (SPL.(Law and Order) Department, dated 20.05.2021, as being illegal, arbitrary, unconstitutional and violative of Article 21 and 22 of the Constitution of India.

(2.) Heard the learned Counsel for the parties and perused the impugned order and the material available on record.

(3.) The background of the case, in brief, is that by relying three criminal cases registered against the detenu in Crime No.410 of 2020 of Falaknuma Police Station; Crime No.2 of 2021 of Langer House Police Station, and Crime No.11 of 2021 of Mailardevpally Police Station, Cyberabad, the 2nd respondent passed the impugned detention order, dated 12.05.2021. According to the 2nd respondent, the detenu is a habitual offender and has committed the offences of kidnapping a baby girl and theft of cell phones and cash from the passengers traveling in sharing auto-rickshaws in the limits of Hyderabad and Cyberabad Police Commissionerates, along with his associates in an organized manner, and caused fear in the minds of the general public and as such the activities of the detenu fall within the meaning of "Goonda " as defined under clause (g) of Section 2 of the Act. With a view to prevent the detenu from acting in a manner prejudicial to the maintenance of public order, the impugned detention order, dated 12.05.2021, was passed, which was confirmed by the 1st respondent.