Khaja Bilal Ahmed vs The State Of Telangana
2023 Latest Caselaw 3656 Tel

     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

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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

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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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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

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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