Telangana BJP MLA’s wife Raja Singh appeals to HC to overturn detention order – Reuters

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By Express press service

BJP MLA T Raja Singh’s wife Usha Bhai has filed a habeas corpus petition in the Telangana High Court praying that the order under which her husband was arrested in connection with detention proceedings preventive, dated 25th August, as approved by the Principal Secretary, GAD (Law & Order), to be declared illegal, arbitrary, contrary to law and in violation of Articles 14 and 21 of the Constitution of India in addition rules laid down in the law on preventive detention.

The petitioner argued that the Hyderabad Police Commissioner knew that the detainee had been released on bail in the main case against him and that the other cases against him were not legally arguable, and that the order to current detention had only been adopted with the intention of harassing the detainee and restricting his fundamental rights.

Furthermore, it was stated that the situation can be dealt with by criminal laws and that the use of preventive detention provisions was completely unnecessary. Accordingly, the detaining authority erred in issuing the detention order against the detainee, particularly a sitting member of the Legislative Assembly.

She added that the detention order issued by the detaining authority called him a goonda and that it was illogical and illegal to restrain him from engaging in dangerous activities in the future. The detainee will not meet the above requirements and the detention order contains no evidence to support or refute claims that the detainee is a goonda as defined by Section 2(g) of the PD Act. Instead, the detention order states that the detainee made provocative speeches about the community which a separate law is intended to address. Accordingly, the detention order may be revoked.

The manner in which all the charges against him were brought against him, it was added, clearly raises doubts about the veracity of the charges. In addition to violating the mandatory requirements of the PD Act, the respondents failed to adhere to the principles and guidelines issued by this court and the Supreme Court.

The petitioner further argued that the prison authority failed to provide documents in the detainees’ mother tongue. This allegation was brought to the attention of the Respondents’ authorities, who subsequently served the documents in the detainees’ native language after realizing their error and filling in their gaps, which is sufficient to quash the detention order.

BJP MLA T Raja Singh’s wife Usha Bhai has filed a habeas corpus petition in the Telangana High Court praying that the order under which her husband was arrested in connection with detention proceedings preventive, dated 25th August, as approved by the Principal Secretary, GAD (Law & Order), to be declared illegal, arbitrary, contrary to law and in violation of Articles 14 and 21 of the Constitution of India in addition rules laid down in the law on preventive detention. The petitioner argued that the Hyderabad Police Commissioner knew that the detainee had been released on bail in the main case against him and that the other cases against him were not legally arguable, and that the order to current detention had only been adopted with the intention of harassing the detainee and restricting his fundamental rights. Furthermore, it was stated that the situation can be dealt with by criminal laws and that the use of preventive detention provisions was completely unnecessary. Accordingly, the detaining authority erred in issuing the detention order against the detainee, particularly a sitting member of the Legislative Assembly. She added that the detention order issued by the detaining authority called him a goonda and that it was illogical and illegal to restrain him from engaging in dangerous activities in the future. The detainee will not meet the above requirements and the detention order contains no evidence to support or refute claims that the detainee is a goonda as defined by Section 2(g) of the PD Act. Instead, the detention order states that the detainee made provocative speeches about the community which a separate law is intended to address. Accordingly, the detention order may be revoked. The manner in which all the charges against him were brought against him, it was added, clearly raises doubts about the veracity of the charges. In addition to violating the mandatory requirements of the PD Act, the respondents failed to adhere to the principles and guidelines issued by this court and the Supreme Court. The petitioner further argued that the prison authority failed to provide documents in the detainees’ mother tongue. This allegation was brought to the attention of the Respondents’ authorities, who subsequently served the documents in the detainees’ native language after realizing their error and filling in their gaps, which is sufficient to quash the detention order.

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