MANJULA Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) All these three petitions pertain to the same subject matter regarding detention of one Narayanswamy under the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985, for short, Act of 1985.

(2.) Commissioner of Police, Bangalore-3rd respondent passed an order of detention dated 11.1.2010 vide Annexure-A under Section 3(1) of the Act of 1985. The detenu was arrested and served with a copy of the detention order along with the grounds of detention vide Annexure-B. In reply to the detention order, detenue submitted a representation to the Secretary, Home Department, through Superintendent of Jail on 24.01.2010. The Central Chief Superintendent of Jail sent it to DIG-Prisons on 25.1.2010 who in turn sent it to Inspector General-Prisons on 29.1.2010. The IG-Prisons sent the representation to the Home Secretary. Home Department received the representation on 2.2.2010. The representation was processed by the Under Secretary-Prisons in the Dept. of Home and sent to Under Secretary-Law and Order who in turn sent the file to the Joint Secretary, Dept. of Home, on 8.3.2010. Joint Secretary placed the file before the Home Minister on the same day. The representation of the detenu was considered by the Home Minister, but he refrained from passing any order on the ground that the matter is pending before court, hence, issued an endorsement dated 22.4.2010 to that effect.

(3.) The petitioner who is the wife of the detenu, filed W.P.H.C. 20/10 challenging the order of detention vide Annexure-A. In the meantime, Government approved the order of detention passed by 3rd respondent vide Annexure-C dated 20.1.2010. At that stage, proceedings of the detention were placed before the Advisory Board on 22.2.2010 for consideration. This court dismissed W.P.H.C. 20/10 on 4.2.2010 with the following observations: