The High Court allowed two writ petitions filed for habeas corpus. It set aside detention orders passed against the petitioners and directed their immediate release if they are not required in any other criminal case.
Detention orders set aside; petitioners set at liberty forthwith if no longer required in criminal cases.
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)
IMONDAY, THE SIXTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND THE HON,BLE DT. JUSTICE SHAMEEM AKTHER
WR lT PETITION NOs.8631 AND 8649 OF 2021
WRIT PETITION NO. 8631 OF2021:
Between:
Mukesh Kumavath, S/o.Poonam Chand Kumawat,Aged 25 -Years,.Occ' Auiinass, R/o. 15-39/04,Marvadi Street, Ex-servicemenColony' Bala1i Nagar' Jawaharnagar, K.V.RangaReddy District ...,ET,T.ONER
AND 1 The State of Telangana,Rep. by Chief Secretary, Secretariatbuilding, Hvderabad. 2 tfrJ" 6iilrissioner ofpolice, Rachakonda commissionerate,Naredmet, Ivlalkaioiri. Secunderabad. a iii" S'u-p"rint"rdent,Central Prison, Cherlapalli, Medchal O'tt1lh=aTOn DENTS
Petition under Article226 of the constitutionof lndia prayingthat in the circumstances statedin the affidavitfiled therewith,the High court may be pleased to issue a writ, orderor orders more particularlyonein the nature writ of Habeas corpus UnderArticle 226 of the constitutionof lndia directing the Respondentsto releasetheDetenuPoonamChandKumavath,s/o'BhawarlalJi,whoisnow detained in centralPrison, cherlapalli,Medchal District by setting aside the order of detentionpassedbytheRespondentNo.2videproceedingsNo.OTlPDCELL/ oCRB/RCKD/202.1 ,dated 29-01-2021and confirmation orderspassedby the RespondentNo.lvideG.o.Rt.No.2gT,dated:06-02-2021andG'o.Rt.No.868,dated 07_04-2021 , declaringihe detentionorder as illegal, arbitrary, discriminatory and unsustainable in theeye of law as it is contrary to the Article21 of the constitution of lndia
(Prayer has been amendedas per Court Order, dated16'08'202't 'vide i.a.r.io.z ot 2oz1in w.P.No.8631 of 202'l 'l
WRIT PETITIONNO: 8649 OF 2021
Between:
Mukesh Kumavath,S/o'Poonam, ChandKumawat'Aqed 25 Years' Occ: Business, ny ors-gsidi,ryri'*ia1gG"t'Ex-servicemenColonv'BalaiiNagar' Jiwinarnagrr,K.V.Ranga Reddy District ...pETlTtoNER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or orders more particularly one in the nature writ of Habeas corpus Under Article 226 of the constitution of lndia directing the Respondents to release the Detenu i.e. Nihal chand Nemi chand Kumavath, S/o.Kumavath poonam chand, who is now detained in central prison, cherlapalli, Medchal District by setting aside the order of detention passed by the Respondent No.2 vide proceedings No.08/PD cELL/ccRB/RcKDl2o21 , dated 29101t2021 and confirmation orders passed by the Respondent No.1.vide G.o.Rt.No.29B, dated 0610212021 and G.o.Rt.No.869, dated 071041202'1 , declaring the detention order as illegal, arbitrary, discriminatory and unsustainable in the eye of law as it is contrary to the Article 21 of the Constitution of lndia.
(Prayer has been amended as per Court Order, dated 16.08.2021, vide l.A.No.2 ol 2021 in W.P.No.8649 ot 2021.1
counsel for the Petitionir in both w.ps.: sRl MOHD MUZAFFER uLLAH KHAN
Counsel for the Respondents in both W.p.s:
SRI A. MANOJ KUMAR, AGP FOR HOME FOR
THE ADDITIONAL ADVOCATE GENERAL
IT IS ORDERED AS FOLLOWS:
1
THE HON'BLE SRI JUSTICE A, RAJASHEKER REDDY AND THE HON,BLE DT. JUsTIcE SHAMEEM AKTHER
R P IT N 6 A 49 2 1
cOMM ONA DVA NCE ORD Ri (Per Hon'ble Dr.SA,J)
In the result, both the Writ petitions are allowed. The impugned detention orders vide C.No.07lpD CELL/CCRB/RCKD/ 202L and C,No.0B/pD CELL/CCRB/RCKD/202L, of even date, dated 29.01.2021, passed by the respondent No.2, and the consequential confirmation orders vide G.O.Rt.Nos.868 and g69, General Administration (Spl. (Law & Order)) Department, of even date, dated 07.04.2021, passed by the principal Secretary to Government, General Administration (Spl. (Law & Order)) Department, Telangana, are hereby set aside. The respondents are directeC to set the detenus, namely Poonam Chand Kumavath S/o. Bhawarla! Ji and tilihal Chand @ Nemi Chand Kumawat S/o. Kumavath Poonam Cha:rd, at liberty forthwith, if they are no longer required in any other criminal case.
(Detailed order follows)
SD/. B. SATYAVATHI ASSISTANT REGISTBAR \r ,/
//TRUE COPY// SECTION OFFICER
cHR;-
HIGH COURT
DATED:1610812021
COMMON ADVANCEORDER
W.P.Nos.8631 AND8649 OF 2021
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ALLOWING THE BOTH WRIT PETITIONS WITHOUT COSTS
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2 issues framed by the court
Whether the High Court should issue a writ of Habeas Corpus to set aside detention orders and release the petitioners.
Whether the detention orders are illegal, arbitrary, discriminatory and unsustainable in light of Article 21 of the Constitution.
1 provisions across 1 enactments
Mukesh Kumavath
The State of Telangana
A. Rajasheker Reddy
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
