The court allowed the Writ Petition under Article 226, set aside the impugned detention order and consequential confirmation order, and directed the release of the detenu if not required for any other criminal case.
Impugned detention order and consequential confirmation order set aside; detenu directed to be released forthwith if no longer required.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)
N,IONDAY, THE TWENTY SIXTH DAY OF APRIL
TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY
AND
THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER
WRIT PETITION NO: 2764 OF 2021
Between:
Mahavish Siddiqui, W/o.Mohd Aftab Siddiqui @ Aftab Aged about 29years Occ House wife R/o.H.No.1066, Irilohalla Yihari, Near Maniharo Wali Masjid,lvlawana, Meerut District, Uttar Pradesh state.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of lhe Constitution oflndia prayingthat in the circumstances stated in the affidavit filed therewith,the High Court may be pleased to issue a Writ of Habeus Corpus declaring theDetention Order passed by the 2nd Respondent herein in S.B(1)No.1 17lPD-5lHYDl2020, dated03/10/2020 as approved by the 1st Respondent in G.O.Rt.No.1529,General Administration (Special Law and Order) Department, dated 1311012020 as arbitrary, illegaland u nco nstitutiona I and consequently directto releasethe Husbandof the Petitioner, Mohd Aftab Siddiqui @ Aftab S/o.Late Basheer Ahmed,aged about34 years'Occ clothes Business, R/o.H.No.1066,[,4ohallaYihari, NearManiharoWali Masjid' Nrlawana, tVleerut District, .Uttar Pradesh statewho is now lodged in CentralPrison, Chanchalguda, Hyderabad.
Counsel for the Petitioner: M/s. BlBlAYESHA MOHAMMED
Counsel for the Respondents: ADVOCATEGENERAL
It is ordered as follows:
I
\
THE HON'BLE SRI JUSTICE A, RAJASHEKER REDDY AND THE HON,BLE DT. JUSTICE SHAMEEM AKTHER
WRIT PETITION No.2764 OF 2O21
ADVANC E ORDER : ( Per Hon'ble Dr.SA,l)
In the result, the Writ Petition is allowed. The impugned detention order vide SB(I) No.117lpD-5/HyD/ZO2O, dated 03.10,2020, passed by the respondent No.3-Commissioner of Police, Hyderabad City, and the consequential confirmation order vide G.O.Rt.No.249, General Administration (Spl. (Law & Order)) Department, dated 01.02.2021, passed by respondent No.1, are hereby set aside. The respondents are directed to set the detenu, namely Mohd. Aftab Siddiqui @ Aftab, S/o. late Basheer Ahmed at liberty forthwith, if he is no longer required in any other criminal case.
( Detailed order follows)
Sd/. T.KRISHNA KUMAR ASSISTANT REGISTRAR
,TRUE COPY' Cli)
SECTION OFFICER
To,
I/RC
t$k
HIGHCOURT
DATED:2610412021
ADVANCE ORDER
WP.No.2764 of 2021
14
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ou 20 A 2021 o7.
,)., .T
* :/
ALLOWING THE WRIT PETITION
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.---,, 1 1; <br>abt *v
1 issue framed by the court
Whether the detention order is arbitrary, illegal and unconstitutional and the petitioner is entitled to issuance of Habeas Corpus.
1 provisions across 1 enactments
Mahavish Siddiqui
The State of Telangana
The Collector & District Magistrate, Hyderabad District
The Commissioner of Police, Hyderabad City
The Superintendent, Central Prison, Chanchalguda, Hyderabad
A. Rajasheker Reddy
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
