Telangana High Court Sets Aside Detention of Alleged ‘Sexual Offender’ Under PD Act, Emphasizing Distinction Between ‘Public Order’ and ‘Law and Order’”

In a significant ruling, the Telangana High Court, on November 20, 2023, set aside the detention of Md. Nizamoddin @ Viju @ Nijju, who was detained under the Telangana Prevention of Dangerous Activities Act, 1986, as a ‘Sexual Offender’. The Bench comprising Hon’ble Sri Justice K. Lakshman and Hon’ble Smt. Justice K. Sujana delivered the judgment in Writ Petition No. 29522 of 2023.

Md. Nizamoddin was detained following allegations of repeatedly sexually assaulting a minor girl, leading to her pregnancy. The detention order was issued under Section 3(2) of the said Act, terming him a ‘Sexual Offender’. The petitioner challenged the detention order, arguing that it was issued without proper subjective satisfaction and consideration of material, contending that the act was against an individual and pertained only to a ‘law and order’ problem, not affecting ‘public order’.

The Court, In its detailed judgment, emphasized the crucial distinction between ‘public order’ and ‘law and order’. Citing the case of Arun Ghosh v. State of West Bengal, the Court observed, “The question to ask is: Does it lead to disturbance of the current of life of the community so as to amount to a disturbance of the public order or does it affect merely an individual leaving the tranquility of the society undisturbed?”

The Court noted that the alleged offense by the detenu occurred within the confines of a house and did not occur in a public place. There was no evidence of the detenu engaging in acts that habitually disturbed public order. The Court held that the detaining authority failed to distinguish between ‘law and order’ and ‘public order’, which led to the conclusion that the detention order was not in accordance with the law.

The judgment also granted liberty to the prosecution and the detenu to prove and disprove the allegations, respectively, in a trial court. The trial court was instructed to make decisions based on the evidence without being influenced by the observations of the High Court.

 Date of Decision: 20 November 2023

 SHAHIK PARVEEN  VS THE STATE OF TELANGANA