Preventive Detention Laws Cannot Be Invoked By State As An Easy Way Method Bypassing The Ordinary Law: Telangana HC [Read Order]

The Telangana High Court recently observed that "The preventive detention laws cannot be invoked as an easy way method bypassing the ordinary law and if the detention order is passed, it is very much necessary for the detaining authority to apply its mind and arrive at a conclusion that ordinary law is not capable of acting deterrent against the detenu and thus, detention order needs to be passed." The Division Bench of Chief Justice Raghvendra Singh Chauhan and Justice B. Vijaysen Reddy further observed, "the State cannot take advantage of its own lapses, whereby, on one hand, the State does not effectively oppose the bail application or seeks cancellation of bail and on the other hand, State finds an easy way method to pass detention order by invoking preventive detention laws." Nawaz @ Babulal, by the 2nd respondent, Commissioner of Police, Hyderabad, in the exercise of powers conferred under Sub-Section of Section 3 of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertilizer Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 and as confirmed by the State vide G.O.Rt.No.661, General Administration Law & Order Department dated 03.03.2020, are challenged in this Writ of Habeas Corpus as being illegal and arbitrary. In such circumstances, the Court observed, the State cannot be permitted to bypass the ordinary law and resort to provisions of preventive detention laws.