HYDERABAD: Finding fault with the police for registering a case under the Preventive Detention Act, based on a single crime against a person, and for torturing him while in custody, a division bench of Telangana High Court on Tuesday directed the police to release detenu S Vinay Kumar. The bench made it clear to the detenu that he could agitate against the guilty police before a competent court.
The bench, comprising Chief Justice TBN Radhakrishnan and Justice A Rajasheker Reddy, was allowing a habeas corpus petition filed by S Ravi Kumar, seeking direction to the police to produce his brother Vinay Kumar before the court and to take steps for protection of his life and liberty.
Petitioner’s counsel B Mohana Reddy alleged that Madhapur police station circle inspector Nageshwara Rao and sub-inspector Ramakrishna had illegally detained Vinay Kumar on October 8 last year by implicating him in a false case and sent him to judicial custody where he was tortured.
Even the NIMS doctors have confirmed that the detenu was hit by the policemen and he sustained severe injuries. The 36-year old detenu, who was working in an IT company, was illegally confined at Central Prison, Cherlapally under the guise of PD law without furnishing any of the required documents till date.
The police had invoked the PD Act against Vinay Kumar in order to save themselves from consequences for the ill-treatment and torture of the detenu. At present, Vinay Kumar is suffering with severe pain and is not in a position to sleep, sit or stand, Reddy noted. The counsel further said that the Home Department had issued orders approving the detention order.After hearing the case, the bench directed the concerned police to release the detenu.