ASMA BABAKHAN MOHAMMED Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Ms.Asma Babakhan Mohammed, the wife of the detenu viz., Mohmed Shareef @ Baba, has filed the present Writ Petition, challenging the Detention Order passed by the 2nd respondent, who by exercising the powers conferred 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, Fertiliser 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 (in short, 'the Act'), vide proceedings No.94/PD-ACT/CCRB/RKD/2018, dated 19.12.2018, and confirmed by the 1st respondent vide G.O.Rt.No.414, General Administration (Spl. (Law & Order) Department, dated 11.02.2019, alleging that the detenu has been habitually engaging himself in unlawful activities of committing robberies/house burglaries/ automobile offences/snatchings, in an organized way, and thereby creating large scale fear and panic among the general public and adversely affecting the public order. The ground on which the impugned detention order is passed by the 2nd respondent is that in the year 2018, the detenu was involved in seven offences of similar in nature viz., (1) crime No.292/2008 of Abdullapurmet PS registered for the offence under Section 379 IPC, (2) crime no.287/2018 of Pahadishareef Police Station registered for the offence under Sections 457 and 380 read with 511 IPC, (3) crime No.296/2018 of Pahadishareef Police Station registered for the offence under Sections 457 and 380 IPC, (4) crime No.676/2018 of Saroornagar Police Station registered for the offence under Section 393 IPC, (5) crime No.324/2018 of Pahadishareef Police Station registered for the offence under Section 379 IPC, (6) crime No.398/2018 of Choutuppal Police Station registered for the offence under Sections 394 and 307 IPC, and (7) crime No.562/2018 of Chaitanyapuri Police Station registered for the offence under Section 392 IPC.

(2.) It is the case of the petitioner that the detenu was falsely implicated in the above referred cases. The detenu is likely to get bail in the above referred cases. In spite of the same, the impugned detention order is passed only to see that the detenu does not come out of the jail. Hence, the present writ petition.

(3.) Heard the learned Counsel for the parties, and perused the impugned order.