GUDURU PAKKIRAMMA Vs. STATE OF ANDHRA PRADESH AND OTHERS
LAWS(APH)-2019-2-12
HIGH COURT OF ANDHRA PRADESH
Decided on February 19,2019

Guduru Pakkiramma Appellant
VERSUS
STATE OF ANDHRA PRADESH AND OTHERS Respondents




JUDGEMENT

C.Praveen Kumar - (1.)The husband of the petitioner, by name Guduru Sanjeeva Rayudu @ Musalaiah S/o . Late Pedda Sanjanna , was subjected to preventive detention under section 3(2) read with 3(1) of the Andhra Pradesh prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short the Act), under order dated 28.11.2018 of the Collector & District Magistrate, Kurnool District. His detention was approved by the Government vide G.O.Rt. No. 2554, General Administration (SC.I) Department, dated 06-12-2018. Aggrieved thereby, the petitioner filed the present writ petition seeking issuance of a writ of habeas corpus directing the respondents to release the detenu, who is now lodged in Central Prison, Kadapa, by declaring the detention order dated 28-11-2018 and the consequential G.O.Rt.No.2555 dated 06-12-2018 as illegal, arbitrary and unconstitutional.
(2.)The record reflects that after the approval of the order of detention by the Government, the matter was referred to the Advisory Board under Section 10 of the Act. Thereupon, the Advisory Board reviewed the matter and submitted a report to the Government on 20-12-2018, under Section 11(1) of the Act, opining that there was sufficient cause for the detention of the detenu. After consideration of the said report, the Government confirmed the detention of the petitioner's husband and directed that his detention shall be continued for a period of 12 months from the date of his detention, i.e., 30-11-2018, vide G.O.Rt.No.16, General Administration (SC.I) Department, dated 02-01-2019.
(3.)Since the confirmation was made during the pendency of the writ petition, the petitioner, by way of filing an amendment application, also laid a challenge to the confirmation G.O.
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