VIJAYAWADA: The Andhra Pradesh High Court has held that preventive detention (PD) orders issued without recording cogent reasons and considering bail conditions imposed in criminal cases are legally unsustainable.
The court also clarified that the detaining authority can consider cases registered outside its territorial jurisdiction, but must specifically record how the incidents could adversely affect public order within its jurisdiction.
A division bench, comprising Justice Ravinath Tilhari and Justice Chintalapudi Purushotham Kumar, recently gave the ruling while allowing a habeas corpus petition filed by Devalla Divya, wife of Devalla Jayaprakash of Vedayapalem in Nellore district.
The Nellore Collector had issued a detention order against Jayaprakash on December 2, 2025, under Sections 3(1) and 3(2) of the Andhra Pradesh Prevention of Dangerous Activities Act, 1986, treating him as an antisocial element. Cases registered at Chillakuru, Gudur Rural and Vedayapalem police stations were cited in the order.
The General Administration Department subsequently issued a GO on February 2, 2026, confirming the detention.
AP High Court quashes order on detention
The petitioner’s counsel, Ram Lakshman Reddy, argued that the Chillakuru and Gudur Rural cases come under the purview of Tirupati after the district reorganisation.
The government contended that cases from another district could be considered if the incidents had the potential to affect public order in Nellore.
The HC held that the Collector had failed to provide reasonable grounds. The court quashed the detention order and the government order, and directed that Jayaprakash be released if he is not required in any other case.