The observations were made while setting aside a preventive detention order passed by the Rachakonda Police Commissioner and upheld by the Telangana High Court.
The High Court had refused to entertain the habeas corpus petition of the accused, who had been deemed a goonda (thug) involved in thefts prejudicial to public order.
This led to the appeal before the Supreme Court.
The top court began by explaining that the basis of preventive detention is the satisfaction of the executive about the likelihood of the detenu acting in a criminal manner, similar to his past acts, which is likely to affect the maintenance of public order.
In the instant case, it held that the basis of the detention was improper.
“The mere registration of the two FIRs for the alleged offences of robbery etc. could not have been made the basis … Inability on the part of the state’s police machinery to tackle the law and order situation should not be an excuse to invoke the jurisdiction of preventive detention.”
It observed that, prima facie, it appeared that the detenu might have been picked up by the police on suspicion and confessional statements.
Source: Barandbench
