Hyderabad: The Hyderabad HC has ordered police officers and collectors of both AP and Telangana to study the law, the Constitution and judgements of SC and HCs while passing orders to detain habitual offenders. A division bench comprising acting CJ Dilip B. Bhosale and Justice S.V. Bhatt was setting aside a detention order passed by Chittoor collector detaining one Carpan Goundar Mani, a red sanders smuggler, under the Dacoits, Drug Offenders, Goondas, Immoral Traffic Offend-ers and Land Grabbers Act, 1986.
The bench said, “We have seen many detention orders. In most petitions we have set aside the detention orders on technical grounds as in the present case.” The bench pointed out that it has been observing that the authorities are not following procedures mentioned under the Act of 1986 or Article 22 of the Constitution or the procedure laid down in SC and HC judgements.
The bench noted that police stations which register cases against detenues, do not complete the probe and file charge sheets within the time stipulated under Section 167. The bench found the moment detention orders are passed, the intensity of the investigation diminishes. The bench termed the approach of the police callous.
The bench told the authorities to study HC judgements in the cases of G. Archana and B. Hima Bindu and find out where they go wrong. The court noted that subordinate courts were granting bail to repeat offenders without looking into SC orders. The bench directed the Registrar (Judicial) to forward copies of the judgement along with the orders in the G. Archana and B. Hima Bindu cases to all Principal District Judges and other judges and also to the DGPs of both the states.
