The bench said passing a detention order for a period of 12 months at a stretch, without proper review, is deterrent to the rights of the detenu and that the order of Andhra Pradesh government directing detention for the maximum period of 12 months straightaway cannot be sustained in law.
The court passed the order allowing the appeal filed by the wife one Cherukuri Narendra Chowdari, who was detained on the preventive detention order of collector and district magistrate of East Godavari district in Andhra Pradesh on September 20, 2013.
Chowdari was detained on the ground that he has got all the attributes to be called as a ‘goonda' as envisaged under the Act.
The order had mentioned that he was involved in several cases of theft of government and private properties as well as cases of destruction of public properties and his anti-social activities are harmful to the society and general public and referred 11 cases registered against him.
His wife had approached the apex court challenging the Andhra Pradesh High Court order alleging that her husband has been unauthorisedly detained and the detention order passed was illegal and sought his release.
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