Telangana High Court Upholds Preventive Detention of Habitual Offender Aziz Hassan Kotadia

Court affirms detention under Telangana Prevention of Dangerous Activities Act, citing repeated offenses and public threat.

In a landmark decision, the Telangana High Court has upheld the preventive detention of Aziz Hassan Kotadia, categorically classified as a 'Goonda' under the Telangana Prevention of Dangerous Activities Act, 1986. The decision, handed down by the bench comprising Justices Moushumi Bhattacharya and Gadi Praveen Kumar, comes in response to a writ petition challenging the legality of Kotadia's detention order.

Kotadia, known for his repeated criminal activities, was initially arrested in connection with two robbery incidents, leading to his detention under preventive measures aimed at curbing habitual offenders. The court found sufficient evidence, including confessional statements, CCTV footage, and medico-legal reports, substantiating the detaining authority's decision to classify Kotadia as a threat to public order.

The High Court emphasized that under Article 226 of the Constitution, it does not function as an appellate body over preventive detention orders and cannot interfere unless the detaining authority's subjective satisfaction is arbitrary or lacks evidence. The court acknowledged the meticulous planning and execution of crimes by Kotadia and his associates, which were conducted in broad daylight, causing widespread panic and insecurity among the public.

The judgment reflects the court's stance on preventive detention as a necessary tool to preempt activities prejudicial to public order, especially in cases where offenders exhibit a pattern of repeated violations. Kotadia's classification as a 'Goonda' was justified based on his habitual offenses, aligning with the provisions of the 1986 Act designed to maintain public order.

Despite arguments from Kotadia's legal representation claiming the detention was unlawful and violated constitutional rights, the court found the detention order valid, citing the detenu's activities as sufficient grounds for preventive action. The court's decision underscores the balance between individual rights and public safety, affirming the statutory framework governing preventive detention in Telangana.

The judgment serves as a precedent in the ongoing discourse on preventive detention laws in India, reinforcing the legal boundaries within which authorities can act to safeguard public order against habitual offenders.

Bottom Line:

Preventive detention of habitual offender categorized as 'Goonda' under Section 2(g) of The Telangana Prevention of Dangerous Activities Act, 1986 is justified to pre-empt the offender's activities prejudicial to public order.

Statutory provision(s): Article 226 of the Constitution of India, 1950; Sections 2(a), 2(g) of The Telangana Prevention of Dangerous Activities Act, 1986; Section 3 of the Act; Section 394, 34, 398, 307 of The Indian Penal Code, 1860; Section 167(2) of The Code of Criminal Procedure, 1973.

Aziz Hassan Kotadia v. State of Telangana, (Telangana)(DB) : Law Finder Doc Id # 2796086