Man’s detention under Prevention Act set aside

Hyderabad: A two-judge bench of the High Court at Hyderabad comprising Justice Nooty Ram Mohan Rao and Justice Anis on Tuesday declared that the detention order is vitiated and is liable to be set aside if such an order failed to specify core material for the action.

When the detaining authority failed to supply core material based upon which the detention order is made to a detenue for preventive detention then the order vitiated and is liable to be set aside, the bench said.

The bench was dealing with a habeas corpus writ petition filed by Malathi Bai challenging the detention of her husband under the Telangana Prevention of dangerous activities of Bootleggers, Dacoits Drug Offenders Goondas Immoral Traffic Offenders and Land Grabbers Act.

The person was detained by an order of preventive detention in May last on the ground that he was a habitual offender acting in a manner prejudicial to the maintenance of public order by indulging in bootlegging. It is the case of the petitioner that the material relied upon by the detaining authority was not supplied to the detenue to make an effective representation and this vitiated the order.

On a detailed summary of the case law on the subject, Justice Ram Mohan Rao speaking for the bench said: it emerged that the non-supply of the core essential material which was relied upon by the detaining authority for the formation of the satisfaction relating to the detention in contrast to the material which was merely referred to had to be necessarily supplied in a language known to the detenue.

The fact that the contents of the material were explained to the detenue was no substitute to the act of supplying the copies of the documents in the language or script known to the detenue. The bench accordingly allowed the writ petition and directed that the detenue be set forth at liberty if his detention is not called for in any other case.