Khaja Bilal Ahmed vs The State Of Telangana

3 On 26 October 2018, the appellant filed an application for bail 4 in Crime no 178 of 2018. The application for bail was allowed by the 14th Additional Metropolitan Magistrate on 26 October 2018 on the ground that the investigating agency had failed to complete the investigation within the period allowed by the proviso to Section 167(2) of the Code of Criminal Procedure 19735. On 26 October 2018, when bail was granted by the 14th Additional Metropolitan Magistrate in Crime no 178 of 2018, an order of detention dated 25 October 2018 is stated to have been served on the appellant at 7:45 pm while he was still in jail custody.

4 On 2 November 2018, the brother of the appellant filed a Writ Petition 6 challenging the order of detention on the ground that it had not been confirmed within twelve days as contemplated under Section 3(3) of the Telangana Offenders Act 1986. On 2 November 2018, a copy of the order of the State government confirming the order of detention was served on the appellant. On 30 November 2018, a petition7 seeking a writ of habeas corpus was instituted by the brother of the appellant before the High Court challenging the order of detention dated 25 October 2018 and the order of the State government dated 2 November 2018 confirming the detention.

V The detention order dated 25 October 2018 was confirmed under Section 3(2) after a delay of eight days; and VII The appellant was arrested in Crime no 178 of 2018 and was granted statutory bail under Section 167 CrPC on 26 October 2018. The order of detention was served on the appellant while he was in custody. The appellant was in custody until 27 February 2019 when an interim order of release was passed, which continued to remain in force until the High Court dismissed the petition on 13 June 2019. Aggrieved by the order of the High Court, the appellant moved the Vacation Bench of this Court which adjourned the proceedings on 25 June 2019. The Special Leave Petition was listed on 1 July 2019 when a notice was issued returnable in two weeks. The proceedings were listed on various dates and arguments were heard for final disposal. 10 On the other hand, Ms Bina Madhavan, learned Counsel appearing on behalf of the State of Telangana submitted thus:

5 On an interlocutory application8 filed in the Writ Petition, the High Court by an order dated 27 February 2019 issued a direction for the release of the 4 Cr.M.P. 1645 of 2018 5 “CrPC” 6 Writ petition no 41187 of 2018 7 Writ petition no 43814 of 2018 8 IA 1 of 2019 4 appellant from preventive detention on the condition that he would continue to abide by the terms imposed by the 14th Additional Metropolitan Magistrate for the grant of bail on 26 October 2018 in Crime no 178 of 2018. By a judgment dated 13 June 2019, the High Court dismissed the Writ Petition challenging the order of detention, which gave rise to the proceedings before this Court under Article 136 of the Constitution.

II Non-confirmation of the detention order within three months would result in its automatic revocation.

(iii) The confirmation order dated 28 December 2018 was placed on the record for the first time during the course of the present proceedings in the additional grounds filed in the Special Leave Petition;

.……......................................................J [Dr Dhananjaya Y Chandrachud] .……......................................................J [Hrishikesh Roy] New Delhi;

December 18, 2019.