LAL MOHAMMAD Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is filed assailing the proceedings in C.No. 43/PDC/KNR/2018, dated 23.08.2018 of respondent No. 2, whereby he has ordered the detention of one Md.Chand Pasha, under Section 3(2) of the Telangana Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug-offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short 'the Act of 1986'), who is the son of the petitioner (for short, "the detenue"), which is confirmed by the 1st respondent vide G.O.Rt.No.2384, General Administration (Spl.(Law & Order) Department, dated 03.11.2018, as illegal and arbitrary.

(2.) Brief summary of the averments in the affidavit filed in support of the Writ Petition is that cases in Cr.Nos.177 of 2018, 233 of 2018 and 201 of 2018 under Sections 420, 506 of IPC were registered against the detenue of the Police Stations Karimnagar, Kothapalli and Manakondur respectively, on the allegation that he had been deliberately indulging in cheating unemployed youth and alleged to have collected certain amounts from them with a promise to provide jobs in Mission Bageeratha, Telangana Water Grid and subsequently issued fake appointment letters in the name of Mission Bageeratha, Telangana Water Grid. The offences alleged against the detenue in the detention order are civil in nature and will not affect any maintenance of public order, as such, invocation of the Act of 1986 is arbitrary and illegal. The detenue was granted bail in Cr.No.201 of 2018 of PS Manakondur and the bail application in Crime No.233 is pending and that in Crime No.177 of 2018 of Karimnagar Rural Police Station, a notice under Section 41 of Cr.P.C was issued.

(3.) On 23.08.2018, the 2nd respondent-Commissioner of Police passed a detention order against detenue under Sub-Section (2) of Section 3 of the Act of 1986 while holding the detenue to be a 'goonda' as defined under clause (g) of Section 2 of the Act of 1986, on the ground that the detenue had been indulging in a series of offences, such as cheating unemployed people by promising them jobs in Mission Bageeratha, Telangana Water Grid, in the limits of Police Commissionerate, Karimnagar. The order of the 2nd respondent dated 23.08.2018, is approved by the 1st respondent vide G.O.Rt.No.1713, dated 29.08.2018 and that after receipt of report and opinion of the Advisory Board, the same was confirmed by the 1st respondent by G.O.Rt.No.2384, dated 03.11.2018.