Humera Gowhar v. The State Of Telangana

High Court for the State of Telangana The Hon'ble The Chief Justice Raghvendra Singh Chauhan and The Hon'ble Sri Justice A. Abhishek Reddy W.P. No. 20806 of 2019 Date: 26-09-2019 Between:

Humera Gowhar

...Petitioner

And The State of Telangana Through General Administration (Spl. (Law & Order) Department Rep. by its Prl. Secretary Hyderabad & 3 others

...Respondents

Counsel for the petitioner:

Mr. Mohd. Islamuddin Ansari Counsel for the respondents: Mr. Sripathi Santosh Kumar GP attached to the office of the AAG The Court made the following:

HCJ & AAR, J W.P. No. 20806 of 2019 Dt: 26-09-2019 Order: (per Hon'ble The Chief Justice Raghvendra Singh Chauhan) Mrs. Humera Gowjhar, the petitioner and the wife of the alleged detenu, namely Mohd. Farooq Ahmed @ Javeed, has filed the present Habeas Corpus petition inter alia on the ground that on 18-06-2019, her husband was picked up by the Station House Officer, Jadcherla Police Station, Mahabubnagar, the respondent No. 3. On 21-06-2019, he was falsely implicated in FIR. No. 214 of 2019. On 15-07-2019 and on 18-07-2019, the detenu has moved bail applications. While the first bail application dated 15-07-2019 was rejected by the concerned court, the second bail application dated 18-07-2019 is still pending before the concerned court. Although the police claims that the detenu is being preventively detained, a copy of the detention order has not been furnished to the detenu. Therefore, his continuous detention is an illegal one.

On the other hand, Mr. Sripathi Santosh Kumar, the learned counsel for the State, informs this Court that on 21-06-2019, the petitioner's husband was arrested in connection with FIR No. 214 of 2019. He was produced before the concerned Judicial Magistrate, who has sent him to judicial custody. Subsequently, a preventive detention order has been passed by the detaining authority. Although the detaining authority has tried to serve a copy of the detention order upon

HCJ & AAR, J W.P. No. 20806 of 2019 Dt: 26-09-2019 the detenu, according to the certificate dated 28-07-2018, issued by the Jailor, District Jail, Mahabubnagar, the detenu has refused to accept the said copy of the detention order. Therefore, as far as the present detention of the detenu is concerned, it is a legal one.

Heard the learned counsel for the parties, and perused the record.

Since a detention order has been passed against the detenu, his present custody cannot be said to be an illegal one. Of course, the petitioner is free to challenge the validity of the said detention order. However, as the said detention order is not under challenge before this Court, this Court does not find any merit in the present Habeas Corpus petition.

Therefore, the writ petition is, hereby, dismissed. As a sequel, miscellaneous petitions, pending if any, stand dismissed as infructuous.

______________________________ (Raghvendra Singh Chauhan, CJ) ____________________ (A. Abhishek Reddy, J) Dt: 26th September, 2019 lur