Hyderabad: The Supreme Court has ruled that the state government cannot direct or extend the period of detention up to the maximum period of 12 months, in one stroke, ignoring the cautious legislative intention that even the order of extension of detention must not exceed three months at any one time.
A two-member bench, comprising Justice Ranjana Prakash Desai and Justice N. V. Ramana, was allowing an appeal by Cherukuri Mani, a resident of East Godavari district.
The bench observed that “normally, a person who is detained under the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986, without facing trial, which in other words amounts to curtailment of his liberties and denial of civil rights.”
Cherukuri Narendra Chowdari, husband of the appellant, was detained under the Act through an order passed by the district collector and the state government. Based on the recommendation of the collector and advisory board, issued an order directing that detention of Mr Chowdari for a period of 12 months from the date on which he was detained. When the appellant challenged the detention of her husband before the HC in a habeas corpus petition, the High Court dismissed it.
Referring to the dismissal of petition by High Court, the bench said, “In our considered view, when habeas corpus petition is filed, even though the petitioner has not properly framed the petition and not sought appropriate relief, it is expected from the Court to at least go into the issue and decide on merits.”
Citing the provisions of the Act, the Apex Court said that, “If the government intends to detain an individual under the Act for the maximum period of 12 months, there must be an initial order of detention for a period of three months, and at least, three orders of extension for a period not exceeding three months each.
