9911796707
TMI Blog2022 (6) TMI 1498X X X X Extracts X X X X X X X X Extracts X X X X ..... represents security of State. It is then easy to see that an act may affect law and order but not public order just as an act may affect public order but not security of the State. By using the expression maintenance of law and order the District Magistrate was widening his own field of action and was adding a clause to the Defence of India Rules.' In two recent decisions BANKA SNEHA SHEELA VERSUS THE STATE OF TELANGANA ORS. [ 2021 (8) TMI 1303 - SUPREME COURT] ; MALLADA K SRI RAM VERSUS THE STATE OF TELANGANA ORS [ 2022 (5) TMI 847 - SUPREME COURT] , this Court had set aside the detention orders which were passed, under the same Act, i.e., the present Telangana Act, primarily relying upon the decision in DR. RAM MANOHAR LOHIA VERSUS STATE OF BIHAR AND OTHERS [ 1965 (9) TMI 56 - SUPREME COURT] and holding that the detention orders were not justified as it was dealing with a law and order situation and not a public order situation - In any case, the State is not without a remedy, as in case the detenu is much a menace to the society as is being alleged, then the prosecution should seek for the cancellation of his bail and/or move an appeal to the Higher Court. But definitely see ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 392 read with 34 IPC of Medipally Police Station. (4) Crime No. 533 of 2021 for the offences under Sections 392, 411 read with 34 IPC of Medipally Police Station. 3. In short, against the detenu the F.I.Rs primarily an offence of 'robbery' under section 392 of the Indian Penal Code. The detention order also says that the crimes were committed in broad day light and have thus resulted in creation of fear and panic in the minds of the general public, especially women and hence, the Government had to interfere in order to maintain public order . 4. The said four cases were allegedly committed by the detenu within a span of two months between 06.05.2021 to 26.07.2021 and were committed within the jurisdiction of one police station i.e., Medipalli police station. In all these cases, the detenu had moved bail applications before the concerned Metropolitan Magistrate and was granted bail under Section 167 (2) Cr.P.C, which is commonly known as 'default bail' and the detenu was released on 16.10.2021. The detention order was later passed on 28.10.2021, which was subsequently confirmed by the Advisory Council on 13.01.2022, i.e., within the stipulated time. The detenu is un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order has been made and such other particulars as in his opinion, have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof, unless, in the mean time, it has been approved by the Government. 6. The powers have been exercised in the present case under section 3(1) of the Act. Under the aforesaid provision, inter alia, a detention order can be passed against a goonda . A goonda has been defined under Section 2 (g) of the Act, which reads as under: 2. g) goonda means a person, who either by himself or as a member of or leader of a gang, habitually commits, or attempts to commit or abets the commission of offences punishable under Chapter XVI or Chapter XVII or Chapter XXII of the Indian Penal Code; 7. Since the allegation is that the detenu is involved in four cases of chain snatching i.e., robbery, which comes under offences given under Chapter XVII of the Indian Penal Code, he has been declared a habitual offender and thus a goonda vide the detention order dated 28.10.2021. 8. Now under section 3(1) of the Act, detention order can be passed, inter alia, against a goonda , with a view to prevent him from acting in any ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nary powers under the law of Preventive Detention. The reasons assigned by the authority in its detention, justifying the invocation of the provisions of the detention law are that the detenu has been granted bail in all the four cases and since he is likely to indulge in similar crime, hence the order of preventive detention. 13. The reason why bail was granted in all four cases, however, has not been given. Bail was granted in all the four cases due to the inability of the prosecution, which did not complete its investigation in time. The bail had to be given as the charge sheet was not filed by the police in all the cases within the stipulated period of 60 days. The fault thus lies with the prosecution. 14. The other reason assigned is that the Trial Court while granting bail did not lay down any conditions. This is again a wrong presentation of the case. Conditions were not imposed simply as it was a default bail, and in bail of this nature conditions are not liable to be imposed. 15. Having heard the learned counsel for the petitioner and learned counsel for the State of Telangana, we are of the considered view that in the present case invocation of the Preventive Detention La ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t as public order in the rulings of this Court (earlier cited) was said to comprehend disorders of less gravity than those affecting security of State , law and order also comprehends disorders of less gravity than those affecting public order . One has to imagine three concentric circles. Law and order represents the largest circle within which is the next circle representing public order and the smallest circle represents security of State. It is then easy to see that an act may affect law and order but not public order just as an act may affect public order but not security of the State. By using the expression maintenance of law and order the District Magistrate was widening his own field of action and was adding a clause to the Defence of India Rules. 16. In two recent decisions Banka Sneha Sheela Vs. State of Telangana (Crl.A.No.733/2021); Mallada K. Sri Ram Vs. State of Telangana (Crl.A. No. 561/2021), this Court had set aside the detention orders which were passed, under the same Act, i.e., the present Telangana Act, primarily relying upon the decision in Dr. Ram Manohar Lohia case (supra) and holding that the detention orders were not justified as it was dealing with a law ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
