Raja Sekhar (died) v. Commissioner Of Police And Additional District Magistrate (executive), Hyderabad City
2020-11-10
B.VIJAYSEN REDDY, RAGHVENDRA SINGH CHAUHAN
body2020
DigiLaw.ai
JUDGMENT B. Vijaysen Reddy, J. - This Writ of Habeas Corpus is filed challenging the order of detention dated 06.06.2020 detaining Merugu Pradeep @ Pradeep, S/o. Rajashekar, passed by the Commissioner of Police, Hyderabad City, in exercise of powers conferred under Sub-Section (2) of Section 3 of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertilizer Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 (Amendment Act No.1 of 1986) (for short 'the Act'), treating him as 'White Collar Offender' as defined in clause (x) of Section 2 of the Act, as being illegal, arbitrary and unconstitutional. 2. Heard Mr. P. Nagendra Reddy, the learned counsel for the petitioner and Mr. T. Srikanth Reddy, the learned Special Government Pleader for Home for the respondents. 3. The learned counsel for the petitioner submits that detaining authority got influenced by law and order crimes, which formed the basis for its satisfaction to pass the detention order. Thus, the detaining authority, without proper application of mind, treated the detenu as 'white collar offender'. The crimes registered against the detenu at the most affect specific individuals and not public at large. Hence, the infraction of law is bound in some measure to lead to disorder but every infraction of law does not necessarily result in affecting public order and thus, the detention order is illegal and unconstitutional. 4. Per contra, the learned Government Pleader submits that the detenu claiming himself to be PA of Ex-MLA has cheated gullible people promising allotment of double bedroom flats under the Government scheme by creating fake allotment letters of flats and collected amounts ranging from Rs.1,20,000/- to Rs.1,50,000/-. The detenu has cheated gullible people by collecting amounts and as such, the family members and aspirants of double bedroom flats got panicky and scared to trust people thereby adversely affecting the public order and leaving large sections of the people under the grip of fear and shock. Hence, the detention order was passed on reasonable probability of the detenu acting in a manner similar to his past acts and thereby, to prevent him by detention from doing the same.
Hence, the detention order was passed on reasonable probability of the detenu acting in a manner similar to his past acts and thereby, to prevent him by detention from doing the same. Further, the detaining authority has arrived at subjective satisfaction that the activities of the detenu disturbed public order and created a situation of panic and fear among the public. 5. In the impugned detention order, the detaining authority has referred to three criminal cases, which form the basis of the detention order. The same with relevant details is shown as under: Sl. No Crime No. & Date Police Station Offence Date of arrest Particulars of Bail 1. Cr.No.121 of 2019 Dt.12.02.19 Banjara Hills PS U/s 406, and 420 IPC 15.02.2019 Detenu moved two bail applications and the same were dismissed. Subsequently, he was released on bail vide order dated 01.03.2019. 2. Cr.No.511 of 2019 Dt.31.07.19 Jubilee Hills PS U/s 406 and 420 IPC 07.08.2019 Detenu moved bail application vide CRl.M.P.No.2095 of 2019 dated 09.08.2019 and he was released on 09.08.2019. 3. Cr.No.39 of 2020 Banjara Hills PS U/s 467, 471, 420 and 506 IPC 06.02.2020 Detenu moved bail application vide CRLMP.No.541 of 2020 and conditional bail was granted and he was released on 15.02.2020. 6. According to the record, out of the three crimes, two crimes are registered in Banjara Hills Police Station and one crime is registered in Jubilee Hills Police Station. In all the three complaints, it is alleged that the detenu collected money from them, claiming to be PA of Ex-MLA, promising allotment of double bedroom flats under the Government scheme. The detenu could not provide the flats to the complainants, as promised by him and thus, cheated them. The detenu was arrested in all the three cases; remanded to judicial custody and later released on bail. 7. The detention order points out that the incidents under the above referred crimes have caused loss of faith and trust among aspirants of double bedroom flats under the Government scheme. Thus, prejudicial activities of the detenu have caused disturbance in lives of persons aspiring of double bedroom flats, thereby, disturbing the public order and tranquility in the area.
7. The detention order points out that the incidents under the above referred crimes have caused loss of faith and trust among aspirants of double bedroom flats under the Government scheme. Thus, prejudicial activities of the detenu have caused disturbance in lives of persons aspiring of double bedroom flats, thereby, disturbing the public order and tranquility in the area. It is further opined that free movement of such offender is not safe in the interest of the society and there is imminent possibility of the detenu indulging in similar prejudicial activities, which is detrimental to public order, unless he is prevented form doing so by an appropriate order of detention. 8. In RAM MANOHAR LOHIA v. STATE OF BIHAR, (1966) AIR SC 740 it was held that contravention of law always affects order, but before it can be said to affect public order, it must affect community at large. The Apex Court considered three concepts law and order, public order and security of State and observed that to appreciate the scope and extent of each one of them one should imagine three concentric circles. The largest of them represented law and order, next represented public order and smallest represented the security of State. The Supreme Court held as under: "Does the expression "public order"' take in every kind of disorder or only some? The answer to this serves to distinguish "public order" from "law and order" because the latter undoubtedly takes in all of them. Public order if disturbed, must lead to public disorder. Every breach of the peace does not lead to public disorder. When two drunkards quarrel and fight there is disorder but not public disorder. They can be dealt with under the powers to maintain law and order but cannot be detained on the ground that they were disturbing public order. Suppose that the two fighters were of rival communities and one of them tried to raise communal passions. The problem is still one of law and order but it raises the apprehension of public disorder. Other examples can be imagined.
Suppose that the two fighters were of rival communities and one of them tried to raise communal passions. The problem is still one of law and order but it raises the apprehension of public disorder. Other examples can be imagined. The contravention of law always affects order but before it can be said to affect public order, it must affect the community or the public at large." In ARUN GHOSH v. STATE OF WEST BENGAL, (1970) 1 SCC 98 the Supreme Court held that: "It means therefore that the question whether a man has only committed a breach of law and order or has acted in a manner likely to cause a disturbance of the public order is a question of degree and the extent of the reach of the act upon the society. The French distinguish law and order and public order by designating the latter as order publique. The latter expression has been recognized as meaning something more than ordinary maintenance of law and order." 9. All the incidents in the above crimes relate to specific individuals (people aspiring for double bedroom flats under the Government scheme) and there is absolutely no material on record to show that the activities of the detenu created a panic situation and they are prejudicial to the maintenance of public order. 10. The detaining authority has to keep in mind that the order of detention needs to be passed as an extreme step when all other legal remedies and avenues are exhausted. The detenu was involved in offences of cheating and breach of trust. The detenu was arrested and released on conditional bails in crimes referred to above. The detenu will be under the surveillance of the concerned Court and police. When trial is commenced, after filing of the charge sheet, the detenu has to regularly appear before the Court. If the detenu is found to be involved in similar crimes or there is violation of bail conditions, the concerned police or Public Prosecutor can file an application seeking cancellation of bail. Hence, without resorting to such step, it may not be expected of the detaining authority to pass the detention order as an easy route method.
If the detenu is found to be involved in similar crimes or there is violation of bail conditions, the concerned police or Public Prosecutor can file an application seeking cancellation of bail. Hence, without resorting to such step, it may not be expected of the detaining authority to pass the detention order as an easy route method. The High Court of Judicature for the State of Telangana and the State of Andhra Pradesh in C. NEELA v. STATE OF TELANGNA, (2017) 2 ALD(Cri) 760 held as under: "The State cannot find an easy way out by choosing to invoke the draconian provisions of preventive detention laws against every criminal as a substitute for his prosecution. As discussed supra, the Supreme Court has drawn a clear distinction between disturbance to public order on one side and disturbance to law and order on the other and held that only in the former case the State is permitted to invoke the powers under the preventive detention laws." 12. Right to life and personal liberty guaranteed under Article 21 of the Constitution of India cannot be deprived without following due process of law. The detenu has got human right and fundamental right, which cannot be deprived unless he is subjected to due process of law. Since the activities of the detenu, as pointed out supra, do not come within the purview of public order, invoking the provisions of the Act for passing the detention order is violative of Article 21 of the Constitution of India. 13. In view of the above, this Court finds that the impugned detention order deserves to be set aside and accordingly set aside. The writ petition is allowed. The impugned detention order dated 06.06.2020 and the confirmation order dated 31.08.2020 are hereby set aside. The respondents are directed to set the detenu, namely Merugu Pradeep @ Pradeep, S/o. Rajasekhar, at liberty forthwith, in case he is no longer detained in the criminal cases which have been registered so far against him. As a sequel, the miscellaneous petitions, pending if any, shall stand closed. There shall be no order as to costs.