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AP High Court sets aside a preventive detention order because the detaining authority never considered the detenu's bail orders
- Court
- High Court of Andhra Pradesh
- Date of judgment
- 25 September 2026
- Case
- WP/13273/2026
- Parties
- Komma Siva Haritha, Vs THE STATE OF ANDHRA PRADESH
- Bench
- RAVI NATH TILHARI, PURUSHOTTAM KUMAR CHINTALAPUDI
- Outcome
- Allowed
Summary
The Collector of Sri Sathya Sai district detained a man under the A.P. Prevention of Dangerous Activities Act, 1986 (the 'Goondas Act') on the basis of nine criminal cases, and the State confirmed the order in May 2026. In a habeas corpus writ, a Division Bench of the High Court found that bail orders in two of those cases had not been placed before the detaining authority, and quashed the detention.
The question before the court
- Must bail orders in the cases relied on be placed before the detaining authority?
- Can one defective ground invalidate an order of preventive detention?
- Does the case disclose a threat to 'public order' or only to 'law and order'?
The court's decision
The Court allowed the writ petition and set aside the detention order of 2 April 2026 and the confirmation order of 18 May 2026, directing release unless the detenu is held in another case. Relying on Supreme Court decisions such as Rushikesh Tanaji Bhoite v. State of Maharashtra, it held that bail orders are relevant material that must be considered, the Government Pleader could not dispute that they were not, and a single vicious ground is enough to vitiate preventive detention. It did not decide whether the facts were really one of public order or only law and order. The authority may pass a fresh order in accordance with law, but the total detention including time already served must not exceed the statutory period. No order as to costs.
Provisions referred to
- Article 226 of the Constitution of India
- Section 3, A.P. Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986
- Articles 21 and 22(5) of the Constitution of India
Read the full judgment (PDF) ↗
Official source: High Court of Andhra Pradesh. The PDF above is a copy from an open dataset of the court's public records.
This summary is prepared for general assistance only. It may contain errors and is not legal advice — rely on the full judgment.