WP/20849/2004 of A. Gangadhar, Vs The Government of Andhra Pradesh, on 28 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE BILAL NAZKI

and THE HON'BLE DR JUSTICE G.YETHIRAJULU

WRIT PETITION NO : 20849 of 2004

Between:

A. Gangadhar, S/o. A. Asha Goud,R/o. Mothe(V), Velpoor (M), Nizamabad District.

AND

..... PETITIONER

1 The Government of Andhra Pradesh, Rep. by its PrincipalSecretary, Secretariat, Hyderabad.

2 The Collector & District Magistrate, Nizamabad District.

3 The Superintendent, Central Prison, Chanchalguda, Hyderabad.

...RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a Writ of HABEAS CORPUS directing the respondents to produce the detenueAnkapur Asha Goud @ Narsa Goud S/o. Gnaga Goud R/o. Mothe Village, VelpurMandal Nizamabad district now detained in Central Prison Chachalguda Hyderabadbefore this Hon'ble Court and may be released forthwith after declaring the order ofdetention dt. 16-08-2004 made in proceedings E2/716/2004 under Sec.3(1) and 3(2)R/w. Sec.2(1) and 2(b) of A.P. Prevention of Dangerous Activities of Bootleggera,Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land GrabbersAct 1986 (Act No.1 of 1986 ) by the Collector and district Magistrate Nizamabad asillegal and Counsel for the Petitioner: MR.E.Phani Kumar Counsel for the Respondent No.: THE ADVOCATE GENERAL

ORDER: (Per Sri BN.J)

This Habeas Corpus petition has been filed by the petitioner challenging thedetention of his father A.Asha Goud, hereinafter referred to as the detenu, who hasbeen detained by the Collector and District Magistrate, Nizamabad District underSection 3(1) & (2) read with Section 2(a) & (b) of the Andhra Pradesh Prevention ofDangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, ImmoralTraffic Offenders and Land Grabbers Act, 1986.

Counter has been filed and we have heard the learned counsel for the parties.

Various grounds have been taken to attack the order of detention and by anorder of this Court dated 29.11.2004, the matter had been referred to a Full Benchalong with some other matters. When the matter came up before the Full Bench,learned counsel for the petitioner submitted that he is not going to attack thedetention order on the ground, which was the subject matter of the reference beforethe Full Bench; rather he would attack the order of detention on various othergrounds. Therefore, this writ petition was directed to be deleted from the batch andaccordingly it was listed before us.

One of the grounds urged by the counsel for the petitioner is that the detainingauthority did not inform the detenu that he had a right to approach the detainingauthority by way of a representation. The grounds of detention as well as the order ofdetention informed the detenu that he had a right to make a representation againstthe order of detention to the Chief Secretary, Government of A.P. This Court hasconsistently held that when the detenu is not informed of his right to make arepresentation to the detaining authority against the order of detention, that wouldamount to infraction of rights guaranteed under Article 22 (5) of the Constitution ofIndia. Therefore, on this ground alone, we quash the impugned order of detentionand direct that the detenu be released forthwith, if not needed in any other case.

Dated: 28..12..2004

To

1 The Principal Secretary ,

Government of Andhra Pradesh, Secretariat, Hyderabad.

2 The Collector & District Magistrate, Nizamabad District.

3 The Superintendent, Central Prison, Chanchalguda, H

Hyderabad.

4 2 ccs to the Advocate General, High Court of A.P.

Hyderabad.(OUT)

5 2 CD copies.

(BILAL NAZKI,J)

(Dr.G.YETHIRAJULU,J)