IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU TAKEN UP WRIT PETITION No. 14025 of 2008 Between: Saleha, Hyderabad. ..... PETITIONER AND 1 The Assistant Commissioner of Police, Gosha Mahal, Hyderabad. 2 The Commissioner of Police, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 27-06-2008 sent by the Petitioner herein, this Hon'ble Court may be pleased to issue an Order, direction, or a Writ, more particularly one in the nature of Writ of Habeas Corpus directing the Respondents herein to produce the cousin of the Petitioner namely Syed Naseeruddin Suhail, S/o. Syed Zaheeruddin, R/o. Mughalpura, Hyderabad, before this Hon'ble Court, who was illegally detained by the police personnel of Gosha Mahal on 25-06-2008 at 08.00 P.M., apprehending danger to his life and set him at liberty forthwith and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : TELEGRAM Counsel for the Respondents : THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.14025 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is taken up basing on a telegram, dated 27-06-2008, sent by one Saleha, resident of Hyderabad, to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking production of his cousin viz., Syed Naseeruddin Suhail, s/o. Syed Zaheeruddin, resident of Mughalpura, Hyderabad, who was illegally detained by the police personnel of Gosha Mahal on 25-06-2008, and that he is apprehending danger to his life. 3. A counter affidavit has been filed by the Assistant Commissioner of Police, Goshamahal Division, Hyderabad, representing the first respondent herein, stating inter alia that at no point of time, the alleged detenu was illegally detained either by the first respondent police or by any other police within the limits of Goshamahal Division. It is also stated that the petitioner herein sent a similar telegram to the A.P. State Human Rights Commission with the same allegations and after conducting thorough enquiry, he submitted a report, dated 30-06-2008, to the State Human Rights Commission denying the allegations made in the telegram. He also examined the father of the alleged detenu viz., Zaheeruddin, who stated that he was not aware of the issuance of the telegrams nor he got acquaintance with the petitioner herein. According to the father of the alleged detenu he is very much with the family and they suspect that some unknown persons might have given the telegram to create exasperation. After perusing the said report, the State Human Rights Commission closed the case in H.R.C.No.2138 of 2008. 4. In the counter affidavit, it is also stated that the Shah Inayath Gunj Police have registered a case in Crime No.185 of 2008 for the offence punishable under Sections 41(d), 102 Cr.P.C., and Sections 411 and 420 I.P.C., against the alleged detenu and 3 others, wherein the alleged detenu was figured as Accused No.4. In connection with the above crime, they have arrested Accused Nos.1 and 3 and that Accused No.2 and the alleged detenu, who is Accused No.4, are absconding and efforts are being made to arrest the alleged detenu and Accused No.2, that further action would follow after apprehension of the alleged detenu and Accused No.2. The statements of the father and father-in-law of the alleged detenu were also made part of the record. 5. Having regard to the facts stated in the counter affidavit, we do not find any merit in the writ petition and the same is liable to be dismissed. 6. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 16-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Assistant Commissioner of Police, Gosha Mahal, Hyderabad. 2 The Commissioner of Police, Hyderabad. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 4. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.14025 of 2008 16-07-2008 (Msr)