Supreme Court: Telangana uses Preventive Detention Arbitrarily

Khushi Doshi

Published on: April 11, 2022 at 18:18 IST

The Government cannot use Preventive Detention Powers simply because a person is involved in a Criminal Proceeding, the Supreme Court recently stated while overturning a Preventive Detention Order.

A Division Bench of Justices DY Chandrachud and Surya Kant also took a stern stance against the State of Telangana’s ‘callous exercise’ of Preventive Detention Powers, noting that the Apex Court had Quashed over five Detention Orders by Telangana in the previous five years.

It was also noted that the High Court of Telangana overturned at least ten detention Orders issued by the Telangana Government in the previous year.

In the current Case, the Court noted that the Accused-Appellant was detained on the Basis of two First Information Reports (FIRs) filed against him, and that this cannot be the sole reason for keeping an Accused in Preventive Detention.

The Bench was hearing an Appeal against a Telangana High Court decision that dismissed an Appellant’s Habeas Corpus Petition challenging his Detention under Section 3(2) of the Telangana Prevention of Dangerous Activities Act, 1986. (Telangana Act).

The Apex Court observed that the Detention Order was clearly based on stale material and demonstrated a lack of Application of mind on the part of the detaining Authority. The Bench noted that the Detention Order was issued nearly seven months after the First Information Reports was filed and about five months after the second First Information Reports was filed.

Also Read: Telangana HC: Mere Breach of Contract cannot give rise to Criminal Prosecution for Cheating or Criminal Breach of Trust

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