Shaik Lal Bee, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 3175 AP

Citation : 2021 Latest Caselaw 3175 AP
Judgement Date : 25 August, 2021

Andhra Pradesh High Court - Amravati

Shaik Lal Bee, vs The State Of Andhra Pradesh, on 25 August, 2021

                  THE HON'BLE SRI JUSTICE JOYMALYA BAGCHI
                                    AND
                      THE HON'BLE SRI JUSTICE D.RAMESH

                         WRIT PETITION No.8373 of 2021
                        (Taken up through video conferencing)

ORDER: (Per Hon'ble Sri Justice Joymalya Bagchi)

       Petitioner has assailed the order of detention dated 03.02.2021 passed

under Sections 3(1) and 3(2) of the Andhra Pradesh Prevention of Dangerous

Activities of Boot-Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic

Offenders and Land-Grabbers Act, 1986 (hereinafter referred to as 'the Act 1 of

1986) inter alia on the following ground:

             "It is submitted that the Detention Order is confirmed by the State
     Government basing on the opinion of the Advisory Board. It is submitted
     that the constitution of advisory board is dealt under Section 9 of the Act 1
     of 1986 and where Section 9(2) specifically mandates the constitution of
     the board with a specific strength i.e., a Chairman and two other
     members, who are, or have been Judges or are qualified to be appointed as
     Judges of a High Court. But in the case on hand the advisory board consists
     of only Chairman and a member, which is illegal and violative of Section 9
     and as such the opinion rendered by such a board, confirming the same by
     the government is violative of Article 22 of Constitution of India. Thus, on
     this ground alone the order of detention is vitiated."

       Sri K.Sri Sai Sanjay, learned counsel for the petitioner, restricts the

challenge to the order of detention on the aforesaid ground. He relies on a

judgment delivered by this Court dated 16.08.2021 in W.P.Nos.9945, 10979 and

10984 of 2021.

       Sri Syed Khader Mastan, learned counsel appearing on behalf of the

learned Additional Advocate General, opposes the prayer.

       We have considered the materials on record.

       We find that the order of detention was confirmed vide G.O.RT.No.647,

General Administration (SC.I) Department, dated 31.03.2021 on the opinion of

the Advisory Board, which comprised of a Chairman and one Member alone. In

W.P.Nos.9945, 10979 and 10984 of 2021, this Court held that the Advisory
                                                2


Board must comprise of a Chairman and two Members as per Section 9(2) of the

Act 1 of 1986. Report of an improperly constituted Advisory Board is non est in

the eye of law. In this regard, reference may also be made to a Constitution

Bench decision of the Hon'ble Apex Court in United Commercial Bank Ltd.,

Vs. Workmen1, wherein the Bench held award made by an improperly

constituted Tribunal was void. The Bench observed as follows:

             "......In our opinion, the position here clearly is that the responsibility
      to work and decide being the joint responsibility of all the three members, if
      proceedings are conducted and discussions on several general issues took place
      in the presence of only two, followed by an award made by three, the question
      goes to the root of the jurisdiction of the Tribunal and is not a matter of
      irregularity in the conduct of those proceedings....."

          Thus, in the light of the decision of this Court in W.P.Nos.9945, 10979

and 10984 of 2021 and the aforesaid ratio of the Hon'ble Apex Court, we are of

the opinion that the detention order dated 03.02.2021 which was confirmed

vide      G.O.RT.No.647,        General   Administration          (SC.I)   Department,    dated

31.03.2021 on the basis of the report of an improperly constituted Advisory

Board is illegal and liable to be quashed.


          Accordingly, the Writ Petition is allowed setting aside the detention

order dated 03.02.2021 passed by the 2nd respondent, in relation to petitioner's

husband, Eragamreddy @ Iragamreddy Naga Dasthagiri Reddy, S/o Late Subba

Reddy, Age: 32 years, Native of Pullareddypeta, Duvvur Mandal, now residing at

D.No.15/487, Amrutha Nagar, Proddatur Town, YSR Kadapa District, and also

the consequential confirmation order vide G.O.RT.No.647, General

Administration (SC.I) Department, dated 31.03.2021. The detenu-

Eragamreddy @ Iragamreddy Naga Dasthagiri Reddy shall be set at liberty

forthwith unless his confinement is required in relation to any other case.

There shall be no order as to costs.

AIR 1951 SC 230

As a sequel, Miscellaneous Petitions, if any, pending in this Writ Petition

shall stand closed.

______________________ JUSTICE JOYMALYA BAGCHI