Telangana HC quashes detention of Goshamahal MLA Raja Singh under PD Act

HYDERABAD: In a relief to Goshamahal MLA T Raja Singh, the Telangana High Court on Wednesday quashed his detention made under the Preventive Detention (PD) Act. A bench comprising justices Abhishek Reddy and J Sridevi, after hearing arguments from both sides, delivered the judgment and ordered his release from custody at Cherlapally Central Jail if he is no longer needed in any other criminal cases.

However, the court placed some restrictions on the suspended Bharatiya Janata Party (BJP) legislator stating that he can only have four family members and his lawyer to accompany him at the time of his release.He was also forbidden from celebrating his release from jail and barred from saying anything provocative that may violate anyone’s religious sensibilities.

The court also asked the MLA to desist from making any hostile speeches or anti-religious social media posts and holding press meets.Usha Bai, Raja Singh’s wife, presented the argument through her counsel before the court, contesting her husband’s detention.

Petitioner’s senior counsel, L Ravichander, argued that the State could resort to preventive detention only in situations when the nation’s criminal code is deemed insufficient. He insisted that it was both a physical and symbolic manifestation of authority.

During the course of his argument, he referred to many judgments. A “public order challenge” and a “law and order scenario” must be distinguished by the detaining authority, he said, adding that the detention order was connected to three incidents, two of which happened during Rama Navami celebrations in the city and one in UP in February. He said they were out of date and not connected from the present position of custody.

However, State’s Advocate General BS Prasad denied the assertion made by the petitioner’s counsel. The AG clarified the situation to the court by saying that the MLA had produced an offensive video that painted the entire Muslim community in a negative light and circulated it on various social media platforms in Uttar Pradesh, causing public disorder in that northern State.

He said the Telangana State Election Commission then received a directive from the Election Commission of India to file a complaint against Singh under various sections of the IPC and the Representation of the People Act. The MLA’s behaviour was exceedingly careless and fueled tension and resentment among the different religions, he added.

Another important point raised by the AG before the court was the fatwa given by the Dar-ul-Uloom Deoband, a prominent Islamic seminary, in the Saharanpur region of UP. After hearing the arguments, the bench delivered the judgment quashing the charges levelled in August earlier this year.