Shaik Nazneen vs The State Of Telangana
2022 Latest Caselaw 1480 Tel

      IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF
                         TELANGANA
                           ********

WRIT PETITION No.35519 of 2021

Between:

Shaik Nazneen W/o. Shaik Ayub, Age:32 years, R/o.H.No.53-34B, Ravindra Nagar, Kadapa Town and District, Andhra Pradesh .... Petitioner And

The State of Telangana, Rep. by its Principal Secretary, General Administration Department, Secretariat Buildings, Hyderabad and others ..... Respondents

The court made the following:

PNR,J&Dr.GRR,J WP No.35519 of 2021

HON'BLE SRI JUSTICE P.NAVEEN RAO AND HON'BLE SMT Dr.JUSTICE G.RADHA RANI

WRIT PETITION No.35519 OF 2021

ORDER: (Per Hon'ble Smt. Dr Justice G.Radha Rani)

This writ petition is filed by the wife of the detenu praying to grant the

following relief:

"...to issue writ order or direction more particularly one in the nature of writ of Habeas Corpus under Article 226 of the constitution of India declaring the detention order vide No. 134/PD-CELL/CCRB/ RCKD/2021 dated 28.10.2021 passed by the 2nd respondent and the consequential confirmation order in G.O.Rt.No.112, dated 13.01.2022 passed by the 1st respondent and directing the 2nd respondent to produce detenu i.e. Shaik Ayub S/o.Mohammad Pasha, Age:32 years, R/o. H.No.8-35 Ravindra Nagar, Kadapa District, Andhra Pradesh and pass...."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader for Home appearing on behalf of the Additional Advocate

General for the respondents. Perused the record.

3. The detention order was passed on 28.10.2021 by the Commissioner

of Police, Rachakonda Commissionerate, Medchal-Malkajgiri, Hyderabad - 2nd

respondent alleging that the detenu was involved in committing gold chain

snatching offences/theft from the neck of the woman folk by using criminal

PNR,J&Dr.GRR,J WP No.35519 of 2021

force on them since the year 2020 in the Andhra Pradesh State and in the limits

of the Rachakonda Commissionerate of Telangana State. He was involved in as

many as 36 gold chain snatching offences. Earlier, the detenu, along with three

others, formed as a gang and was committing chain snatching offences to make

quick money. They came to Hyderabad in a car bearing No.AP 39 TU 5033 and

took shelter in the lodges. As per the modus operandi of the crimes, they

conduct reccee in the colonies and after selecting suitable colonies, commit theft

of two wheeler motor cycles and after committing robbery/chain snatching from

the neck of the women while travelling on motorcycle, travel some distance on

motorcycle, abandon the two wheeler and flee away in the car along with other

associates and share the sale proceeds among themselves.

4. The detention order would disclose that though the detenu was

involved in 32 cases, only 4 cases of chain snatching were considered as ground

cases for the detention order as the other cases were reported to be behind the

proximity period and out of the jurisdiction of the commissionerate. The four

ground cases, basing on which the detention order was passed was passed, are:

(1) Crime No.355 of 2021 for the offences under Sections 392, 411 read with 34 IPC of Medipally Police Station.

(2) Crime No.358 of 2021 for the offences under Sections 392, 411 read with 34 IPC of Medipally Police station.

(3) Crime No.532 of 2021 for the offence under Section 392 read with 34 IPC of Medipally Police station.

PNR,J&Dr.GRR,J WP No.35519 of 2021

(4) Crime No.533 of 2021 for the offences under Sections 392, 411 read with 34 IPC of Medipally Police station.

5. The above offences were committed within a span of two months

between 06.05.2021 and 26.07.2021 within the limits of same police station i.e.

Medipalli police station. In all the cases, the detenu moved bail petitions before

the III Metropolitan Magistrate, L.B. Nagar. The court below granted bail

under Section 167 (2) Cr.P.C. and on producing sureties, the detenu was

released on 16.10.2021. The detention order was passed on 28.10.2021.

6. The learned counsel for the petitioner contended that all the four

crimes referred to above were alleged to be committed in the limits of same

police station and in very close proximity in date and time. This itself would

show the truth or otherwise of the complaints. The said crimes were registered

only to invoke the provisions of the Preventive Detention Act against the

detenu. The preventive detention law could not be invoked mechanically in

each and every case as a matter of routine. Every crime registered under the

specified chapters of penal code could not form the basis for arriving at a

subjective satisfaction against the individuals touching their liberty under

Article 21 of the Constitution of India. The ordinary law of the land was

already set into motion to deal with the activities of the detenu. The satisfaction

of the detaining authority to invoke Section 3 (2) of the Act was unfounded and

unconstitutional. Mere arraying as an accused should not be a ground to invoke

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the PD Act. So far, no charge sheet was filed and final verdict was pronounced.

Therefore, he should be treated as an innocent till the guilt is proved. The 2nd

respondent failed to take into consideration that the detenu was released on

regular bail in all the cases and the said orders were not challenged before the

appellate court and relied upon the judgments of the Hon'ble Supreme Court in

Rekha v. State of Tamil Nadu1, Goman India v. Customs Commissioner,

Mumbai2 and of this Court in Suguna v. State of Telangana3 and Adal Singh

v. State of Telangana4.

7. The learned Government Pleader for Home appearing for the

respondents supported the impugned order and contended that while passing the

detention order under Section 3 (2) of the Act 1 of 1986, all the mandatory

provisions and the constitutional safeguards contemplated under Article 22 of

the Constitution of India had been strictly followed. The respondents having

considered the entire material and the antecedent criminal history of the detenu

and having satisfied that the cases registered under ordinary criminal law had no

deterrent effect in curbing his habitual nature of committing similar offences

and having felt that the detenu was not amenable to ordinary law, passed the

detention order. In the review meeting held by the Advisory Board, the detenu

was produced through video conference and after hearing the detenu and the

(2011) 5 SCC 244

C.A. 5166 OF 2003 dated 6.7.2011

WP No.24441 of 2019 dated 23.10.2020

WP No.12444 of 2021

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concerned police officials, the Advisory Board submitted its opinion to the

Government within the mandatory period of seven weeks. The Government

upon considering the entire material, approved the detention order within the

mandatory period of 12 days as required under Section 3(3) of the Act vide

G.O.Rt.No.2453, dated 06.11.2021. The Detaining authority also considered

the entire material including the bail petitions and having considered the fact

that the detenu was already released on bail, passed the impugned detention

order in the public interest. The respondents were justified in designating the

detenu as 'goonda' as defined under Section 2(g) of the Act 1 of 1986 and relied

upon the judgments of the Hon'ble Apex Court in State of Punjab v. Sukhpal

Singh5, Hardhan Saha & another v. The State of West Bengal & Others6

and Subrahmanian v. State of Tamil Nadu7.

8. In view of the submissions made by both the parties, the point that

arises for determination in this petition is whether the impugned detention order

passed by the 2nd respondent against the husband of the petitioner vide

proceedings No.133/PD-CELL/CCRB/RCKD/2021, dated 28.10.2021 and the

consequential confirmation orders passed by the 1st respondent in G.O.Rt.No.

94, dated 12.01.2022, are justified or liable to be set aside?

(1991) 1 SCC 35

1974 AIR 2154

2012 (4) SCC 699

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9. On a perusal of the detention order, it would disclose that the detenu

had committed as many as 32 cases of chain snatching in the limits of various

police stations of Guntur, Nellore, Chittoor and in other Districts of the State of

Andhra Pradesh and during the year 2021 in quick succession, he committed

four chain snatching offences, snatching the gold ornaments from the neck of

women in the limits of Rachakonda Police Commissionerate in Telangana State.

The Detaining authority, after satisfying himself that the activities of the detenu

were creating panic among the public and were prejudicial to the maintenance

of public order and the cases registered against the detenu under the ordinary

law were having no deterrent effect on his activities, passed the detention order.

10. The Hon'ble Apex Court in Sukhpal Singh's case (5 supra)

observed that:

"Preventive order is devised to afford protection to society. The object is not to punish a man for having done something but to intercept before he does it and to prevent him from so doing. The justification of such detention is suspicious or reasonable probability and not criminal conviction which can only be warranted by legal evidence. Thus, any preventive measures even if they involve some restraint or hardship upon individuals, do not partake in any way of the nature of punishment, but are taken by way of precaution to prevent mischief to the state. When power is given to an authority to act on certain facts and if that authority acts on relevant facts and arrives at a decision which cannot be described as either irrational or unreasonable, then the order is not bad and the Court cannot substitute its decision or opinion in place of the decision of the authority concerned on the necessity of passing the order."

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11. In Hardhan Saha's case (6 supra), the Hon'ble Apex Court held

that:

"The power of preventive detention is qualitatively different from punitive detention. The power of preventive detention is a precautionary power exercised in reasonable anticipation. It may or may not relate to an offence. It is not a parallel proceeding. It does not over lap with prosecution even if it relies on certain facts for which prosecution may be launched or may have been launched. An order of preventive detention, may be made before or during prosecution. An order of preventive detention may be made with or without prosecution and in anticipation or after discharge or even acquittal. The pendency of prosecution is no bar to an order of preventive detention. An order of preventive detention is also not a bar to prosecution."

12. In Suguna's case (3 supra) this Court while distinguishing law and

order and public order held that:

"The offences which are committed against a particular individual fall within the ambit of "law and order". It is only when the public at large is adversely affected by the criminal activities of a person, the conduct of a person is said to disturb "the public order".

13. In Rekha's case (1 supra) in which the criminal cases were registered

against the detenu under the provisions of IPC and as well as under the Drugs

and Cosmetics Act, 1940, the Hon'ble Apex Court held that:

"..the ordinary law of land was sufficient to deal with the situation and hence, recourse to the preventive detaining law was illegal. Whenever an order under the preventive detention is challenged one of the questions the court must ask in deciding its legality is: was the ordinary law of the land was sufficient to deal with the situation? If the answer is in the affirmative, the detention order will be illegal."

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14. A perusal of the detention order would disclose that the detaining

authority after considering that the detenu, along with his associates, was

targeting lonely women as victims and was snatching gold ornaments from their

necks while they were proceeding on the public road and conducting the

offences in an organized manner and such acts had the potential of creating a

sense of fear and insecurity among women and hinder their day to day work,

considered the same as prejudicial to the maintenance of public order. He also

considered the linking evidence of the recovery of the gold ornaments from the

possession of the detenu and that the witnesses correctly identified the detenu in

the Test Identification parade proceedings and the CCTV footage collected by

the police had clearly shown the movements of the detenu and his boarding into

Ertiga Car bearing No.AP 39 TU 5033 and also considering that though bails

were granted to the detenu, no conditions were imposed in the said bail orders,

as such, ordinary law and order was not sufficient to deal with the situation, had

taken recourse to the preventative detention.

15. In the above factual background, it is apt to note the opinion

expressed by the Hon'ble Supreme Court in Subrahmanian's case (7 supra),

wherein it was held that:

"It is well settled law that the Court does not interfere with the subjective satisfaction reached by the detaining authority except in exceptional and extremely limited grounds. The court cannot substitute its own opinion for that of the detaining authority when the grounds of detention are precise, pertinent, proximate

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and relevant, that sufficiency of grounds is not for the Court but for the detaining authority for the formation of subjective satisfaction that the detention of a person with a view to preventing him from acting in any manner prejudicial to the public order is required and that such satisfaction is subjective and not objective. The object of the law of preventive detention is not punitive but only preventive and further that the action of the executive in detaining a person being only precautionary, normally the matter has necessarily to be left to the discretion of the executive authority. It is not practical to lay down objective rules to conduct in an exhaustive manner. The satisfaction of the detaining authority, therefore, is considered to be of primary importance with certain latitude in its discretion".

16. It is seen that all the mandatory procedure under Act 1 of 1986 and

the safeguards contemplated under Article 22 of the Constitution of India are

strictly followed by the detaining authority while passing the impugned

detention order. We are of the opinion that there are no merits in this writ

petition and hence, the same is liable to be dismissed.

17. In the result, the Writ Petition is dismissed confirming the detention

order vide proceedings No.134/PD-CELL/CCRB/RCKD/2021, dated

28.10.2021, passed by the 2nd respondent and the consequential confirmation

orders vide G.O.Rt.No.112, dated 13.01.2022, passed by the 1st respondent. No

order as to costs. Miscellaneous Petitions, pending if any, shall stand closed.

                                                                     __________________
                                                                     P. NAVEEN RAO, J


                                                                _____________________
                                                                Dr. G. RADHA RANI, J
March      , 2022
KTL