HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.30963 of 2023
ORDER:
This writ petition is filed seeking the following relief:- "...to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed and illegal action of the respondents more particularly respondent Nos.2 to 4 herein in summoning the petitioner and making him sit for hours together in the police station and continuously interfering with his personal life and liberty on the pretext of continuation of rowdy sheet against the petitioner, consequent to coming into force of Model Code of Conduct for the ensuing Telangana State Elections as arbitrary, illegal, in violation of Articles 14, 19 and 21 of the Constitution of India besides being in violation of principles of natural justice..."
2. The petitioner claims to be Managing Director of group of educational institutions under the name and style of Ahmed Memorial Educational Society and the said society was registered under the provisions of the Societies Registration Act vide registration No.881/1981. It is the further case of the petitioner that he is actively involved in politics and public service from the year 2000 and as he vociferously raising the public issues from the year 2005 2 CVBR, J Wp_30963_2023 the party in power has registered various criminal cases against him. It is the further case of the petitioner that he was elected as Corporator from AIMIM political party and in the year 2018 he has joined in the congress party. It is the further case of the petitioner that at the instance of local political leaders various false cases have been foisted against him and the respondents-police also to satisfy the dictum of political hierarchy has invoked the provisions of the Preventive Detention Act, 1950 and detained him illegally during the elections in 2018 only with an intention to prevent him in participating and contesting in the general elections. Questioning the illegal action of the respondent-State the petitioner has constrained to file a writ petition before this Court and when this Court has confirmed the orders of his detention, he carried the matter to the Hon'ble Supreme Court by way of filing SLP (Crl.)No.5487 of 2019 (Criminal Appeal No.1876 of 2019). The Hon'ble Supreme Court after taking into consideration the various criminal cases registered against the petitioner and also the orders passed by the respondent-State under the provisions of the Preventive Detention Act, 1950, has 3 CVBR, J Wp_30963_2023 allowed the Criminal Appeal and set aside the order of this Court and consequently, quashed the detention orders issued against the petitioner, vide judgment, dated 18.12.2019. The grievance of the petitioner is that even after quashing the detention order only to prevent the petitioner in participating the general elections notified for the Telangana State, the respondents are maintaining the rowdy sheet against him and summoning him every day to the police station, confining him for hours together with a mala fide intention not to allow him either for campaigning the general elections or contesting for the general elections.
3. Learned counsel appearing for the petitioner has vehemently contended that since last five years no cases have been registered against the petitioner either to invoke the provisions of the Preventive Detention Act, 1950 or to maintain surveillance over the petitioner. In the said circumstances, he prays this Court to direct the respondents-police not to interfere with the life and liberty of the petitioner in any manner, except in accordance with law.
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CVBR, J Wp_30963_2023
4. The petitioner is an active participant in politics and he also elected earlier as Corporator of G.H.M.C., this Court is of the view that he is entitled to campaign in the elections or participate in the general elections without involving in any manner in the criminal activities, therefore, the ends of justice would be met if the respondents-police are directed to follow the procedure under Chapter VIII of the Criminal procedure Code which deals with the security for keeping the peace and for good behaviour. The procedure is contemplated in various provisions of the said Chapter including Sections 106, 107 and 110 of Cr.P.C. Section 106 of Cr.P.C. deals with 'security for keeping the peace on conviction'; Section 107 of Cr.P.C. deals with 'securing for keeping the peace in other cases' and Section 110 of Cr.P.C. deals with 'security for good behaviour from habitual offender.' Under Chapter VIII of Cr.P.C. powers conferred on the Executive Magistrate and the Executive Magistrate acting under Sections 107 to 110 of Cr.P.C. on receipt of information, deems it necessary to require any person to show-cause under such section, he shall make an order in writing setting forth the substance of the information 5 CVBR, J Wp_30963_2023 received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties, if any, required.
5. In view of the said powers conferred to the Executive Magistrate under the provisions of Chapter VIII of the Cr.P.C., this Court deems is appropriate to dispose of the writ petition directing the respondents-police to follow the procedure contemplated under Chapter VIII of the Cr.P.C. if the presence of the petitioner is required or there is any possibility of his involvement of breach of peace and tranquillity and except following the said procedure, the respondents-police shall not restrain the petitioner in participating in the elections.
6. With the above observations, this Writ Petition is disposed of. No costs.
7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE C.V.BHASKAR REDDY 07.11.2023 gkv