Paridhi Arya
Published on June 26, 2022 at 13:36 IST
The Division Bench of Justices C.T. Ravikumar and Sudhanshu Dhulia has observed that the government needs to use the power under Preventive Detention Law in an exceptional situation and not in routine manner.
The Appeal has been filed against the order of Telangana High Court. In the High Court, Habeas Corpus writ was filed by the Petitioner. Petitioner’s husband was arrested under the detention order since October 28, 2021.
The accused is arrested because he was involved in gold chain snatching since 2020. Out 30 cases in 4 cases were considered as rest are outside the jurisdiction of Commissionerate which passed arrest order. Once the default bail was allowed to the detenu but was arrested again.
The Bench observed that the offence has been committed in broad daylight that too of robbery under Section 392 of IPC which has created the feeling of fear in the mind of general public and so to maintain public order government has to interfere in the matter.
The Court observed that when the question of law and order arises ordinary law needs to be invoked. The question of invoking the preventive detention arises when public order will be in danger otherwise Article 21 and 22 of Constitution will be violated.
The Court referred Ram Manohar Lohia v. State of Bihar and clarified the distinction between public order and law and order. The apex court also highlighted the unjustified use of Preventive Detention Laws by Telangana State and allowed the appeal.
The ordered the immediate release of the detenu and he is not required in other cases.
Also Read: What is Preventive Detention?