Summary: Aziz Hassan Kotadia's preventive detention was upheld by the Telangana High Court. He was labeled a "Troublemaker" due to repeated robberies, causing public panic. The court found the detention justified under the Telangana Prevention of Dangerous Activities Act.
Background of the Case
Aziz Hassan Kotadia, a 65-year-old resident of Hyderabad, filed a petition challenging his preventive detention. The detention order was issued on November 8, 2024, and approved shortly after. The order was based on two robbery charges against him.
First Robbery Incident
- Crime Details: On February 14, 2024, Aziz Hassan Kotadia was involved in a robbery at Kiswah Jewellers, Hyderabad. He and his associates attacked the shopkeeper with a knife and stole gold ornaments.
- Arrest and Bail: He was arrested on February 16, 2024, and released on bail on April 8, 2024.
Second Robbery Incident
- Crime Details: On June 20, 2024, Aziz Hassan Kotadia targeted Jagadamba Jewellery Shop in Medchal. Disguised in a burqa, he and an associate attempted another robbery, injuring the shopkeeper.
- Arrest and Bail: Arrested again on June 22, 2024, he was granted bail on October 4, 2024, but remained in custody due to lack of sureties.
Arguments
- Petitioner's Claim: Aziz Hassan Kotadia argued that the detention was illegal, claiming that the crimes affected "law and order" rather than "public order."
- Respondents' Defense: The State of Telangana, represented by its Principal Secretary, argued that Kotadia's actions created public panic, qualifying him as a "Troublemaker" under the 1986 Act.
"The detainee is a dangerous property offender... causing disturbance to peace and tranquility," noted the detention order.
Court's Decision
- Judges' Conclusion: Justices Moushumi Bhattacharya and Gadi Praveen Kumar upheld the detention, citing Kotadia's habitual offending nature.
- Legal Justification: The court found the detention necessary to prevent future crimes, aligning with the Telangana Prevention of Dangerous Activities Act.
Impact on Public Order
The court emphasized that Kotadia's actions in crowded areas caused fear among the public, thus affecting public order.
"The activities of the detainee are sufficient to give rise to a feeling of alarm and insecurity amongst the general public," the judgment stated.
Summary of Verdict
The court decided that Aziz Hassan Kotadia's pattern of committing crimes justified labeling him as a "Troublemaker" and keeping him in detention to ensure public safety.
