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Supreme Court of India 2019-12-18 allowed

KHAJA BILAL AHMED vs THE STATE OF TELANGANA

Bench: 2 — Dhananjaya Y Chandrachud, Hrishikesh Roy

In Brief

The appellant was detained under the Telangana Prevention of Dangerous Activities Act, 1986 based on his alleged status as a 'goonda' and his involvement in a murder case registered in 2018. The detention order referenced fourteen prior criminal cases from 2007–2016, most of which were either pending trial, transferred for investigation, or resulted in acquittal or compromise. The Supreme Court held that the detention order was invalid because: (1) the reference to incidents 9–14 years old lacked any proximate causal link to the present detention; (2) the single substantive case (Crime No. 178/2018) had not resulted in a charge-sheet despite the statutory deadline, and bail had already been granted; and (3) the confirmation order was not properly served within the prescribed period. The Court quashed the detention order and allowed the appeal.", <parameter name="obiter">["The courts do not ordinarily interfere with the subjective satisfaction of the detaining authority, but such satisfaction must nonetheless be based on relevant and proximate material", "A 'rowdy sheet' maintained at a police station, without more, does not constitute sufficient basis for a preventive detention order where the detenu has a pattern of acquittals and no recent substantive conviction", "The reference to pending criminal cases spanning 9-14 years, some of which originated in alleged communal violence, does not provide adequate grounds for detention merely on the basis of the detenu's alleged 'antecedent background'"]

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Preventive Detention Public Order Criminal Law Constitutional Law Administrative Law

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