HYDERABAD: The Telangana High Court set aside the Preventive Detention Act (PD Act) against Syed Abdahu Quadri (Kashaf), who has been in Cherlapally jail after his arrest on August 30, 2022, on allegations of inciting hatred between communities.
Quadri and several supporters staged a dharna in front of the office of the commissioner of police at Basheerbagh on August 22, 2022, demanding the arrest of BJP MLA T. Raja Singh for his alleged derogatory remarks against Prophet Mohammad. Quadri had also posted derogatory comments in social media, which created enmity between the two communities. Based on that, the police had booked him under PD Act and arrested him. Challenging it, his mother approached the High Court.
Government counsel Mujeeb Kumar Sadashivuni brought to the notice of the court that the detenue has been allegedly posting provocative and inflammatory messages and videos in social media through his Twitter account and disturbing communal harmony. The police said that the person had been involved in four similar cases. Stating that these activities would attract provisions of Goonda Act, the police had arrested and sent him to Cherlapally jail .
Meanwhile, the petitioner’s counsel argued that its contentions of the police were a violation of Article 14 of the constitution. He submits that ‘disturbing public order’ was the main component for invoking the PD Act.
The court recalled the observations of the Supreme Court on invoking of PD Act against citizens, which clearly mentions that the detaining authority should be vary of invoking immense power under the PD Act, if the normal penal laws are sufficient to deal with them.
…
