HYDERABAD: A division bench of the Telangana High Court consisting of Justice K Lakshman and Justice K Sujana dismissed a writ of habeas corpus petition challenging the detention order issued by the commissioner of police, Rachakonda Commissionerate, under the Preventive Detention (PD) Act.
The division bench examined the material facts of the case and concluded that the accused, Gaddam Ravindra Babu, had a history of criminal activities. Moreover, the allegations against him in two separate cases were of a serious and grave nature, the bench observed. The court held that the actions of the detenu had the potential to disrupt “public order” and could cause widespread panic among the public.
After considering these aspects, the detaining authority had exercised its discretion and issued the impugned detention order on July 15. The division bench was of the opinion that there was no error in the detention order and that it was justified in light of the circumstances. Consequently, the writ petition was dismissed.
Counsel for the petitioner argued that the detention order was issued without a proper assessment of the facts, alleging that the detaining authority had not considered the material thoroughly. This, in their view, meant that there was no genuine “subjective satisfaction” on the part of the detaining authority regarding the alleged disturbance to public order resulting from the actions of the detenu. As a result, they sought the annulment of the detention order and its subsequent approval.
However, the special government pleader countered this argument by emphasising the seriousness and dangerous nature of the allegations against the detenu. It was asserted that the detenu had been repeatedly involved in unlawful activities, particularly the illicit trade of spurious cotton seeds and banned herbicide tolerant (HT) cotton seeds to unsuspecting farmers. These actions had resulted in significant financial losses and hardship for the farmers, as the seeds sold by the detenu led to poor crop yields.
The detaining authority had exercised its discretion and issued the detention order. Their intention was to prevent the detenu from committing similar offences in the future. After considering both sides of the argument, the division bench dismissed the plea seeking the release of Ravindra Babu, who is currently detained at the Cherlapally prison.