Allowed

Ashrath Zaban v. The State of Telangana

Telangana HC17 Jun 2022WP/22659/2022

Case brief

AI extract

What is this about?

The High Court allowed a writ petition under Article 226 seeking a writ of habeas corpus. The court set aside a detention order and a government confirmation order, directing immediate release of the petitioner's husband unless required in another criminal case.

What did the court decide?

Impugned detention order and confirmation order set aside; detenu directed to be set at liberty forthwith.

Ashrath Zaban Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction)

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FRIDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER AND

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THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI

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WRIT PETITION NO: 22659 OF 2022

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Betwee n:

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Ashrath Zaban, W lo.l,4ohammed Ajgar, Aged about 25 years, Occ- Housewife, R/o. Balaji Nagar, Kasibugga, Warangal, Warangal District.

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Chief Secretary, Secretary Buildings, Hyderabad.

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The Commissioner of Police, Warangal City, Warangal.

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The Superintendent, Central Prison, Chanchalguda, Hyderabad.

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.,.RESPONDENTS

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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 an appropriate writ, order or direction more particularly one in the nature of WRIT OF HABEAS CORPUS under article 226 of Constitution of lndia declaring the proceedings C. No. 122lWRC/ CSB- Xl 12022 daled 03.O3.2022 of the respondents detaining the petitioner husband namely IVohammad Ajgar @ Ajju S/o. Itrld. Yousuf who is now detain in 3rd respondent prison before this Hon'ble Court and he may order to be release forthwith after declaring his detention vide proceedings C. No. 122lWRCl CSB- Xt 12022 dated 03.03.2022 of the 2nd respondent and to declare the G.O.Rt.No.1075, dated 215-2022 General Administration (Spl. (Law and Order) Deparlment. as illegal, unconstitutional and violation of the fundamental rights guaranteed under the co nstitution of lnd ia.

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Counsel for the Petitioner : SRI.A.JAGAN

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Counsel for the Respondents : ADDL ADVOCATE GENERAL

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It is ordered as follows: -

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/ I

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THE HON'BLE DT. JUSTICE SHAMEEM AKTHER AND

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THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI

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WRIT PETITION No.22659 OF 2022

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ADVANCE ORDER: (Per Hon'ble Dr.SA,J)

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In the result, the Writ Petition is allowed. The impugned detention order vide C.No.122IWRCICSB-X112022, dated 03.03.2022, passed by the respondent No.2, and the consequential confirmation order vlde G.O.Rt.No,1075, General Administration (Spl. (Law & Order)) Department, dated 21.05.2022,^passed by the Secretary to Government, General Administration (Spl. (Law & Order)) Department, Government of Telanganar are hereby set aslde. The respondents are directed to set the detenu, namely Mohammad Ajgar @ Ajju, S/o. Md. Yousuf, at liberty forthwith, if he is no longer required in any other criminal case.

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(Detailed order follows)

SD/.K.SAILESHI

ASSISTANT REGISTRAR

//TRUE COPY//

.l;-'--

SECTION OFFICER

The Chief Secretary, Secretary Buildings,^{State of Telangana at Hyderabad.} 2. The Commissioner of Police, Warangal City,^Warangal.

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The Superintendent, Central Prison, Chanchalguda,^{Hyderabad.(By Special} Messenger)

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Two CC to Advocate General, High Court for the State^{of Telangana at} Hyderabad. (OUT)

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One CC to SRI.A.JAGAN, Advocate [OPUC]

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Two CD Copies

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One spare copy

S.A

HIGH COURT

DATED:1710612022

ADVANCE ORDER

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WP.No.22659 of 2022

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ALLOWING THE W.P

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WITHOUT COSTS.

Ashrath Zaban v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Ashrath Zaban v. The State of Telangana

Case brief

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What did the court decide?

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