The High Court allowed a writ petition for habeas corpus, setting aside the impugned detention order and confirmation order to release the petitioner Shaik Ibrahim.
The impugned detention order and confirmation order are set aside; the detenu is directed to be released forthwith if not required elsewhere.
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.
I
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE TWENTY FIRST DAY OF JUNE TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER AND THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI
WRIT PETITION NO: 9828 OF 2022
Betwee n:
Shaik lbrahim, S/o. Mastan, aged 22 years, Occ: Cooliee, R/o. Shukravaripeta, Khammam, Telangana State.
AND
...PET|T|ONER
...RESPONDENTS
Petition under Artrcle 226 ol lhe 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, directing 3rd Respondent to produce the detenue i.e. Shaik lbrahim now detained in Central Prison Hyderabad, at Chanchalguda before this Hon'ble Court and set-aside the impugned detention order passed by the 2nd Respondent vide SB.lD.No.62lS1/PD-KIVN/l 2021 , dt. 29-09-2021 and Confirmation Order vide G.O.Rt.No.2598, dated 2S-11-2021 passed by 1st Respondent as being illegal, arbitrary, improper, unilateral, u nconstitutio na I and violative of Article 21 and 22 of the Constitution of lndia, and to forthwith release the Detenue.
Counsel for the Petitioner: SRl. PASHAM TRIVIKRAM REDDY
Counsel for the Respondents: THE ADDITIONAL ADVOCATE GENERAL
IT IS ORDERED AS FOLLOWS
' THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER AND THE HON'BLE SMT. JUSTICE]UWADISRIDEVI
WRIT PETITI ONNo.9828 0F 2o22
ADVANCE O DER: (Per Hon'bleDr.SA,J)
In the result, theWrit Petition is allowed The impugned detention ordervideS.B.ID.No.62lSllPD- Kl4M/2021, dated 29.09.2021,passedby the respondent No.2, and the consequentialconfirmation order vide G.O.Rt.No.259B,General Administration(Spl. (Law & Order)) Department, dated 25.11.2021,passedby the respondent No.1, are hereby set aside.The respondentsare directedto set the detenu, namelyShaik Ibrahim, S/o. Mastan, at liberty forthwith, if he is nolonger required in any other criminal
case
( netailed order tqllows)
\
//TRUE coPY/ t
SD/.R.KARTHIKEYANASSlSrryll REGISTRAR ()l)
I
SECTION OFFICER
ine Superintendent,Central Prison Hyderabad, at Chanchalguda ' Hvderabad.(Bv Special Messenger) 4. bi're Cc to Sri i'adrramTrivikram Reddy, Advocate IoPUC] E iwo CCs tothe AdditionalAdvocate G6neral, High Court for the State of Telangana at Hyderabad. [OU! o_ Two CD Copies 7. One Spare CoPy CHR BS
A-
HIGH COURT
DATED:21 10612022
ADVANCE ORDER
IA r€:
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t<br>oo 2 1 JUN 2O?2
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W.P.No.9828 of 2022
ALLOWING THE WRIT PETITION WITHOUT COSTS.
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1 issue framed by the court
Whether the writ petition filed under Article 226 for release of the detenu on Habeas Corpus should be allowed.
Shaik Ibrahim
The State of Telangana
SHAMEEM AKTHER
JUWADI SRIDEVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
