Andhra Pradesh High Court - Amravati
Jangala Madana Mohan, vs The State Of Andhra Pradesh, on 29 September, 2021
HON'BLE SRI JUSTICE JOYMALYA BAGCHI
AND
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.15882 of 2021
(Taken up through video conferencing)
Order: (per Hon'ble Sri Justice Joymalya Bagchi)
Petitioner has assailed the order of detention dated 07.04.2021
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, where Section 9(2) specifically mandates the
strength of the Advisory board i.e., a Chairman and two
other members (three in total), 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 detention order
was reviewed by only Chairman and one member (02
members), which is violative of Section 9 of statute and as
such the opinion rendered by an inadequate quorum does
not have any legal bearing, as such the detention is
violative of Sections 9 and 10 of the Act and fundamental
rights guaranteed under Articles 21 and 22 of the
Constitution of India. On this sole ground the detention
order is liable to be set aside."
Sri S. Dilip Jaya Ram, 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.1001, General Administration (SC.I) Department, dated
01.06.2021 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 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.
1
AIR 1951 SC 230
Accordingly, the Writ Petition is allowed setting aside the detention
order dated 07.04.2021 passed by the 2nd respondent, in relation to
petitioner's brother, Jangala Siva Sankar @ Mantapampalli Siva @ Siva,
S/o Veera Bhadraiah @ Bhadraiah, Age: 45 years, Native of Gandlapalli
village, Chintharajupalli post, Vontimitta Mandal, YSR District, Kadapa,
now residing at D.No.4-162, Dhanalakshmi Nagar, Avilala, Tirupati Town,
Chittoor district, and also the consequential confirmation order vide
G.O.RT.No.1001, General Administration (SC.I) Department, dated
01.06.2021. The detenu Jangala Siva Sankar @ Mantapampalli Siva @
Siva 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.
As a sequel, Miscellaneous Petitions, if any, pending in this Writ
Petition shall stand closed.
____________________
JOYMALYA BAGCHI, J
_____________________________
KONGARA VIJAYA LAKSHMI, J
Date: 29.09.2021
Nsr
HON'BLE SRI JUSTICE JOYMALYA BAGCHI
AND
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.15882 of 2021
(Taken up through video conferencing)
Date: 29.09.2021
Nsr
HON'BLE SRI JUSTICE JOYMALYA BAGCHI
AND
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.15882 of 2021
(Taken up through video conferencing)
Advance Order: (per Hon'ble Sri Justice Joymalya Bagchi)
Accordingly, the Writ Petition is allowed setting aside the detention
order dated 07.04.2021 passed by the 2nd respondent, in relation to
petitioner's brother, Jangala Siva Sankar @ Mantapampalli Siva @ Siva,
S/o Veera Bhadraiah @ Bhadraiah, Age: 45 years, Native of Gandlapalli
village, Chintharajupalli post, Vontimitta Mandal, YSR District, Kadapa,
now residing at D.No.4-162, Dhanalakshmi Nagar, Avilala, Tirupati Town,
Chittoor district, and also the consequential confirmation order vide
G.O.RT.No.1001, General Administration (SC.I) Department, dated
01.06.2021. The detenu Jangala Siva Sankar @ Mantapampalli Siva @
Siva shall be set at liberty forthwith unless his confinement is required in
relation to any other case.
Main order follows..................
____________________
JOYMALYA BAGCHI, J
_____________________________
KONGARA VIJAYA LAKSHMI, J
Date: 29.09.2021
Note:
Office to return the bundle after dispatch of this order
to the chambers of JB, J for typing main order.
(B/O)
Nsr
