Telangana HC Angry Over Misuse of PD Act

Hyderabad: The Telangana High Court on Tuesday expressed its anguish over what it called “the callous exercise of the exceptional power of preventive detention” by the detaining authorities and the Telangana state government.

A division bench of Justice K. Lakshman and Justice P. Sree Sudha instructed authorities who initiate detention proceedings and confirmation authorities to be sensible while invoking the PD Act.

The bench made the remarks while dealing with a batch of five habeas corpus filed individually by women, challenging the detention of their family members.

B. Mohana Reddy, counsel for the petitioners, contended that detention orders were passed against five detenues by the Mahabubnagar district administration office and a GO was issued, confirming the detentions. Crimes were registered against the five in a land dispute between the detenues and the complainant and her relatives in Allipur village of Mahbubnagar Rural mandal.

Reddy, stating that detenues were alleged to have sold open plots on forged documents, questioned how detention orders could be passed based on solitary incidents.

After perusing the details, Justice Lakshman expressed anguish over the issuance of detention orders in a routine and mechanical manner.

The bench questioned authorities if they were that the PD Act could be invoked only in circumstances of public disorder, whereas the said crime against the detenues would affect can be dealt with by the criminal justice system.

The judge also recalled the Supreme Court's observations while quashing the detention orders under the Telangana Act of 1986, for inter alia incorrectly applying the standard for maintenance of public order and relying on stale materials while passing detention orders. At least 10 such orders were set aside by the apex court in the past year, the Justice observed.

Justice Lakshman said that these numbers evince the insensitiveness of the authorities and said that invoking such a law adversely affects the fundamental right of personal liberty, which is guaranteed and protected by Article 21 of the Constitution of India.

Directing detaining authorities to consider the nature of the offence and question if public order was disrupted, the bench set aside the levy of the PD Act against the five detenues.