Telangana High Court Declares Detention Order ‘Illegal and Arbitrary,’ Orders Immediate Release of Detenu
In a significant judgment handed down today, the Telangana High Court declared a detention order as “illegal and arbitrary” and ordered the immediate release of the detenu, Mr. Annaboina Thirupathi Yadav @ AT Yadav. The Court emphasized the requirement for the Detaining Authority to reach a subjective satisfaction when issuing a detention order.
Mr. Yadav’s detention was challenged through a Writ Petition (No. 27493 of 2023) in which the petitioner sought the production of the detenu and the setting aside of the detention order. Multiple criminal cases were invoked as grounds for detention, including charges under Sections 452, 294(b), 506 r/w 34 of IPC, and Sections 3 (1) (r) (s) and 3 (2) (va) of Scheduled Castes and Scheduled Tribes (POA) Amendment Act, 2015.
The High Court, in its observation, noted that there was insufficient reasoning regarding the disturbance to public order due to the detenu’s actions. It highlighted the necessity for the Detaining Authority to consider the entire material on record when issuing detention orders. The Court found that the detention order was not based on a proper examination of the facts.
In its final judgment, the High Court allowed the Writ Petition, declaring the impugned detention order dated September 14, 2023, as illegal and liable to be set aside. The Court directed the release of Mr. Yadav, provided he is no longer required in any other criminal cases. No costs were awarded in the matter.
This judgment serves as a reminder of the importance of ensuring a strong legal basis and proper reasoning when issuing detention orders, underlining the fundamental principles of justice and individual rights.
Date of Decision: 20 October 2023
Annaboina Nagarjuna Yadav VS The State Of Telangana
