Mohammed Shanawaz vs State Of Telangana

Sri Mohammed Shanawaz, the petitioner, has filed this Habeas Corpus petition on behalf of his sister-in-law, Harbhinder Kaur @ Simran Kaur @ Anika, the detenu, challenging the detention order vide No:62/PD-CELL/YB/2022, dated 17.12.2022, passed by the respondent No.2-Commissioner of Police, Cyberabad Commissionerate, whereby, the detenu was detained under Section 3(2) of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertilizer Offenders, Food Adulteration Offenders, Fake Document offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 (as amended by Act No.13 of 2018) (for short, ‘Act 1 of 1986’), and the consequential confirmation order passed by the 1st respondent.

Heard Smt B.Mohana Reddy, learned counsel for the petitioner and Sri S.Mujib Kumar, learned Special Government Pleader, representing the learned Advocate General appearing for the respondents.

Learned counsel for the petitioner had contended that the detenue is the sister-in-law of the petitioner, and impugned detention order, dated 17.12.2022, was passed by relying on a solitary crime registered against the detenue viz., Crime No.1338 of 2022 of Gachibowli Police Station of Cyberabad Commissionerate, registered for the offences under Sections 370, 370(A) (2) IPC, Sections 3,4,5 & 6 of PIT Act and Section 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Learned counsel had further contended that the detenue was granted bail by the competent criminal Court and the detenue was complying all the conditions and she has not violated any of the conditions of bail. Learned counsel had further contended that when special law under which detenue has been detained is taking care of the alleged crime committed by the detenue, the respondents were not justified in invoking the provisions under Section 3(2) of the Act 1 of 1986 and detained the detenu. Further, this Court, in similar circumstances, vide order, dated 23.09.2022, passed in W.P.No.30726 of 2022, set aside the detention order passed against the detenu therein on the ground that the detenu therein was detained basing on a solitary crime registered against him. Therefore, appropriate orders be passed in the writ petition by setting aside the impugned detention order, dated 17.12.2022, by following the order, dated 23.09.2022, passed by this Court in W.P.No.30726 of 2022.

Learned Special Government Pleader appearing for the respondents had contended that based upon a crime registered against the detenue, she was detained. However, the husband of the petitioner was involved in series of crimes and looking into the totality of the circumstances, the respondents were justified in passing the detention order against the detenue. Moreover, the detenue was involved in Immoral Trafficking Offence which was effecting the young women as well as innocent victims and it was disturbing the tranquility and peace in the society and hence, the respondents were justified in passing the impugned detention order. There are no merits in the writ petition and the same is liable to be dismissed.

Having considered the rival submissions made by the learned counsel on either side, this Court is of the view that the detention order was passed based upon a solitary crime registered against the detenue and the issue as to whether the detention order can be passed based upon a solitary crime was considered by this Court in W.P.No.30726 of 2022, dated 23.09.2022 and by following the same, the Writ Petition is liable to be allowed.

Accordingly, the Writ Petition is allowed. The impugned detention order vide No.62/PD-CELL/YB/2022, dated 17-12-2022 , passed by the 2nd respondent, and the consequential confirmation order passed by the 1st respondent, are hereby set aside. The respondents are directed to set the detenu viz., Harbhinder Kaur @ Simran Kaur @ Anika, w/o Paramjit Singh, at liberty, forthwith, incase, she is no longer required in any other criminal case.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.