Allowed

Syed Abdul Masi v. The State of Telangana

Telangana HC9 Jun 2022WP/14954/2022

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging a detention order and consequent confirmation order under the Telangana Act 1 of 1986. The Court held that the detention was illegal as it failed to adhere to mandatory procedural requirements of the Act, relied solely on offences under Section 379 IPC which constitute a law and order issue rather than public order disturbance, and was akin to a p

What did the court decide?

The impugned detention order and consequential confirmation order set aside; the detenu ordered to be set at liberty forthwith unless required in any other criminal case.

Syed Abdul Masi Vs The State of Telangana — Dowry and Cruelty | Telangana HC (2022)

¶1

HIGH COURT FOR THE^{STATE OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

¶2

THURSDAY, THE NINTH DAY^{OF JUNE} TWO THOUSAND AND^{TWENTY TWO}

¶3

PRESENT

¶4

THE HONOURABLE^{DR. JUSTICE SHAMEEM AKTHER} AND

¶5

THE HONOURABLE^{SMTJUSTICEJUWADI SRIDEVI}

¶6

WRIT PETITION NO :14954 OF²⁰²²

¶7

Between:

¶8

Sved Abdul Masi, S/o. Sved^{AbdulRahman,aged about 53 years, Occ; Furniture} Work, RJo.H^No .19-1-72512,^{Doodbowli'HusainiAlam, Hyderabad'}

¶9

...PETITIONER

¶10

AND

¶11

1- The State of Telangana,^{Rep.by its Chief Secretary' Secretariat Buildings'} Hyderabad.

¶12

The State of Telangana,^{rep.byits PrincipalSecretary, Home Department,} Secretariat Buildings,^Hyderabad.

¶13

The State of Telangana,^{Rep.byits PrincipalSecretary, GAD Department'} Secretariat Buildings,^Hyderabad.

¶14

The Commissioner of^{Police, Hyderabad City,at Basheerbagh, Hyderabad'}

¶15

The Deputy Commissioner^{of Police, SouthZone, Hyderabad.}

¶16

Ihe Assistant Commissioner^{of Police, Meer Chowk Division, Hyderabad'}

¶17

The Superintendent of^{Jails, Central Prison,Chenchalguda, Hyderabad'}

¶18

...RESPONDENTS

¶19

Petilion Under Article 226 o'f the^{Constitutionof lndiapraying that in the} circumstances stated in the affidavit^{filed therewith,the High Court maybe} pleased to issue a writ order or direction more^{particularlyone in the nature.of} writ of Habeas corpus, declaring the^{actionof the 4th respondentin issuingthe} impugned proceedings No. SB(1)No.41O|PD-7lHYDl2021,^{dated. 1511212021} which was intimated on 16.12.2021 without following^{due processof law and also} without reporting the fact to the Government together^{with the groundsof} detention on which the order of the detention has^{been made and such other} particular in the 4th respondent proceedings and without approval^{from the} Government for detention of my son within time i.e., after expiry^{of 12 daysi.e.,} from 15t12t2O21 as illegal, arbitrary, unlust and also contrary^{to the mandatory}

¶20

i I :

¶21

provisions section 3, 10 lo 12 of Telangana Prevension of Dangerous Activities of Boot-Leggers, Dacoits, Drug offenders,^{Goondas, lmmoral.Trafficoffenders} and Land Grabbers Act, 1986^(Act 1of^{1986) and againstArticle 21 of} Constitution of lndia and set aside the same^{with directions to the respondents to} release my son and set free my son^{who was arrested vide proceedings} No.SB(1)/No.4\O|PD-7lHYDl2Oz| ,^{Dt. 1511212021 issued by the 4th respondent} immediately who is confined in Central Prison at^{Chenchalguda, Hyderabadi.e.,} 7lh respondent.

¶22

l.A.NO:1 OF 2022

¶23

Petition under Section 151 CPC^praying that in the circumstances^stated in the aTidavit filed in support of the^petition, the High^{Court may be pleased to} direct the respondents to release the^son of^{the petitionerand set free the} petitioner son by suspending the proceedings of the 4th respondent vide proceedings No. SB(1)/No.450/PD-7/HYD/2O21 , Dt. 1511212021 issued by the 4th responcent immediately who is confined in Central^{Prison at Chenchalguda,} Hyderatrad i.e., 7th respondent forthwith,^{pending disposal} of^{the above writ} petition.

¶24

Counsel for the Petitioner : SRI.MOHAMMED ASLAM

¶25

Counse I for the Respondents : ADDL ADVOCATE^GENERAL

¶26

The Court made the following ORDER

¶27

¶28

THE HON,BLE DT. JUSTICE SHAMEEM AKTHER AND THE HON'BLE SMT. JUSTICE JUWADI SRIDEVI

¶29

WRIT PETITION No.14954 OF 2022

¶30

BQ,E8:^{(Per Hon'ble Dr. lustice Shameem Akther)}

¶31

Mr.Syed Abdul Masi, the petitioner, has filed the^present Writ Petition on behalf of his son, Syed Abdul Shahid, the detenu, challenging the detention order vide SB(l) No.a50lPD-7/HYD/202[, dated 75.12.2021, passed by the respondent No.4, and the consequential confirmation order vide G.O.Rt.No.605, General Administration (Spl. (Law & Order)) Department, dated 15.03.2022,^passed by the respondent No.3-Principal Secretary to Government, General Administration (Spl. (Law & Order)) Department, Government of Tela nga na .

¶32

We have heard the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for Home appedring on behalf of the respondents and^perused the record.

¶33

Learned counsel for the petitioner would submit that the impugned detention order was passed by relying on five crimes registered against the detenu viz., 1) 299 of 2O2L of Chikkadpally Police Station , 2) 172 of 2O2L of Kanchanbagh Police Station, 3) 166 of 2O2l of Moghalpura Police Station, 4) 176 of 2O2L of Moghalpura \ Police Stdtion and 5) L77 of 2027 of Moghalpura Police Station. The

¶34

I)r SA..l t- -. ,.i | I) No ]49i.12{122

¶35

¶36

detention order passed against the co-accused in the said crimes was already set aside by this Court vide order, dated 26.04.2022, passed in W.P.No.10381 of 2022, and ultimately, praved to set aside the impugned detention order and the consequential confirmation order.

¶37

Learned Assistant Government^pleader for Home did not dispute the submission made by the learned counsel for the petitioner.

¶38

As seen from the material placed on record and the submissions made, it is clear that the detenticn order passed against the co-accused in the aforesaid subject crimes, was already set aside by this Court vide order, dated 26.04.2022, passed in W.p.No.10381 of 2022. Moreover, the impugned detention order was passed without adhei'ing to the requirements,/ma ndate gaven under Section 3,(2) of the Telangana Act 1 of 1986 and by relying on five crimes iegistered for the offences punishable under Section 379 of IpC, which do not add up to disturbing the public order and it is only a law and order problem. Under these circumstances and since the facts and circumstances of the present case are akin to the facts and circumstances in W.P.No.103B1 of 2022, the impugned orders are liable to be set aside.

¶39

Di.SA. J & JS.i W. P.No. 149i.{/2022

¶40

¶41

In the result, the Writ Petition^is allowed.^Theimpugned detention order vide SB(I)^{No.a50/PD-7/HYD/2021,dated} 15.L2.2O2L,^passed by the^{respondentNo.4, and the consequential} confirmation order vide G.O.Rt.No.605,^{General Administration(Spl'} (Law & Order)) Department, dated 15.03.2022,^passed by^the respondent No.3, are hereby set aside.^{The respondents are directed} to set the detenu, namely Syed^{Abdul Shahid,S/o Syed Abdul Masi,} at libefty forthwith, if he^{is no longer required in any other criminal} case.

¶42

Miscellaneous^petitions. if any,^{pendingin this Writ Petition,} shall stand closed. There shall^{be no orderas to costs.}

¶43

SD/.K.VENKAIAH ASSISTANT^REGISTRAR //TRUE COPY// &

¶44

SECTION OFFICER

¶45

To 'l . The Chief Secretary, Secretariat^{Buildings'State of Telanoanaat Hyderabad'} 2. Yhe Principal^{Secretary,ii;;;b;;;;;;nt} Secretariat^{Biildinss'State of} telangana^{at HYderabad} 'GAD^' Department' Secretariat Buildings' State of

¶46

3- The Principal^Secretary, Telanqana at^Hyderabad'

¶47

1. ill;'i'#;Aioi]""l.^{oiFJr,.u.Hyderabad city. at Basheerbash,Hyderabad.} ;. +ii; Siliitor*ittion"i^{oi pbti"u' SouthZone' Hvderabad'}

¶48

6 The Assistant Commissioner^{of Police, Meer Chowk Division, Hyderabad'} 7 The Superintendent of Jails,^{Central Prison, Chen-chalguda, Hyderabad'} 8. Two CC to Advocate^{General,HighCourt for the State of Telanganaat} Hyderabad.^(OUT) 9. O'ne CC to SRI.MOHAMMED^{ASLAM, Advocate} [OPUC] '1 0.Two CD CoPies 1 1 . One spare coPY S.A o'1tt--

¶49

t I

¶50

HIGH COURT DATED:0910612022

¶51

OFIDER

¶52

Wl'.No.14954 of 2022

¶53

z1 HE S iA:' ii
k
>z
1 6 AUE 2022
C)
-t DE

¶54

AI-LOWING THE W.P