The High Court allowed two writ petitions filed by the wives of the detainees under Article 226, directing the respondents to set aside the detention orders and release the prisoners at liberty if no longer required in criminal cases.
Writ petitions allowed; impugned detention orders set aside; detenus released forthwith.
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 AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE SIXTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY AND
THE HON'BLE DR. JUSTICE SHAMEEM AKTHER
WRIT PETITION NOS.7849 AND 7850 OF 2021
WRIT PETITION NO: 7849 OF 2021
Between:
Ramtenki Swarupa, W/o.Ramtenki Raj Kumar, Aged about 25yea rs, Occ. Housewife, Fl/o.Ramaraopalle Village, Palakurthy il/andal, Peddapalli District.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 ofthe constitutionof Indiaprayingthat in the circumstances stated in theaffidavitfiled therewith, the HighCourt may be pleased to issue any appropriate writ,orderor direction more particularlyone in the nature of ,Writ of Habeas corpus" under Article 226 of the constitution of lndia directing the respondents toproduce "Ramtenki Rajkumar S/o.LateBhumaiah",now detained at central Prison warangal,warangalDistrict, beforethis Hon'blecourt and he maybe ordered to be releasedforthwith / set at libertyafter declaring his detention vide C.No.31/PDCELL/CCRB/RGMt2O2Odaled4-11-2020passedby the 2nd respondent and consequential confirmationorders passed by the 1"t respondent as illegal, unconstitutio na l,vo id.
WRIT PETITION NO:7850 OF 2021
Between:
Ramtenki @ DurgamNirmala,W/o'Ramtenkr Saraiah @Venkatesh, , , nd"J-j66rYZA tdars,OCc.Housewife,Rl/o.Ramaraopa-lleVillage, Palakurthylvlandal, Peddapalli District.
...pETtTtoNER
AND
.,.RESPONDENTS
il2lt
Petition under Article 226 o'f the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate Writ, Order or direction more particularly one in the nature of "Writ of Habeas Corpus" under Article 226 of the Constitution of lndia directing the respondents to produce "Ramtenki Saraiah @ Venkatesh S/o.Late Bhumaiah", now detained at Central Prison Warangal, Warangal District, before this Hon,ble Court and he may be ordered to be released forthwith / set at liberty after declaring his detention vide C.No.29lPDCELL/CCRB/RGM/2020 dated 4/1 1/2020 passed by the 2nd respondent and consequential confirmation orders passed by the 1st respondent as illegal, u nconstitutiona l, void.
Counsel for the Petitioner in both W.ps.: SMT. SUJATHA KURAPATI
Counsel for the Respondents in both W.ps.:
SRI A. MANOJ KUMAR, AGP FOR HOME FOR
THE ADDITIONAL ADVOCATE GENERAL
IT IS ORDERED AS FOLLOWS:
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY AND THE HON.BLE DT. JUSTICE SHAMEEM AKTHER
WRITPE TITION Nos .7849 A ND 78sO O F 2O2L
COMMON ADVANCE ORDER: (per Hon,bte Dr.SA,J)
In the result, both the Writpetitions are allowed. The impugned detention orders vide C.No.31/PDCELL/CCRB/RGM/ 2020 and C.No.29IPDCELL/CCRB/RGM/2020, of even date, dated 04.L7.2020, passed by the respondent No.2, and the consequential confirmation orders vide G.O.Rt.Nos.181 and 179, General Administration (Spl. (Law & Order)) Department, of even date, dated 20.01.2021, passed by the respondent No.1, are hereby set aside. The respondents are directed to set the detenus, namely Ramtenki Rajkumar, S/oLate Bhumaiahand Ramtenki Saraiah @ Venkatesh, S/o. Latetshumaiah, atliberty forthwith, if they are no longerrequired in anyother criminal
case,
(Detailed order follows)
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HIGHCOURT
DATED:161081202'l
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GOMMONADVANCE ORDER
W.P.Nos.7849and 7850 of 202'l
ALLOWING THE BOTHWRIT PETITIONS WITHOUT COSTS
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2 issues framed by the court
Whether the writ petitioners' detention orders are illegal, unconstitutional, and void under Article 226.
Whether the detenus should be released forthwith and the detention orders set aside.
Ramtenki Swarupa
Ramtenki @ Durgam Nirmala
State of Telangana
Commissioner of Police, Ramagundam
Jail Superintendent, Central Prison, Warangal
A. Rajasheker Reddy
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
