LAWS(KAR)-1990-7-60

CHANGAMMA Vs. STATE OF KARNATAKA

Decided On July 17, 1990
CHANGAMMA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution, the petitioner has sought for quashing the order dated 15-2-1989 bearing No. CRM/DTN/ 12/89-90 Annexure-F and also the order dated 26-12-1989 bearing No. HD 976 SST 89 produced as Annexure-A passed by the first respondent. The petitioner has also sought for quashing the order dated 8-2-1990 bearing No. HD 976 SST 89 passed by the State Government confirming the order of detention passed by the second respondent on 15-12-1989. Consequently, she has sought for issue of a writ in the nature of Heabeas Corpus to produce her sons Krishna alias Korangu before this Court and set him at liberty.

(2.) The petitioner is the mother of Krishna alias Korangu (hereafter Krishna alias Korangu will be referred to as the detenu). The second respondent by the order dated 15-12-1989 - Annexure-F passed an order directing the detention of the detenu under sub-sec. (2) of S.3 of the Karnataka prevention of Dangerous Activities of Boot-Leggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985 (hereinafter referred to as the 'act') - with a view to prevent the detenu from acting in any manner prejudicial to the maintenance of public order. The order of detention was tried to be served upon the detenu who was an under trial prisoner in the Central prison at Bangalore on 19-12-1989 but he refused to receive the same. He not only refused to receive the order of detention but also the grounds of detention and also the copies of the documents relied upon by the detaining authority. Thereafter, the State Government by the order dated 26-12-1989 Annexure-A approved the order of detention passed by the second respondent. Pursuant to the order approving the detention, as required by S. 10 of the Act, the case of the detenu was referred to the Advisory Board constituted under S.9 of the Act. The Advisory Board got the detenu produced before them and heard him and recorded their opinion stating that there was sufficient cause for detention of the detenu. Before the Advisory Board detenu did not ask for assistance of any friend. Pursuant to the opinion tendered by the Advisory Board the State Government in exercise of its power under S.12 of the Act confirmed the order of detention by the order dated 8-2-1990.

(3.) After the order of detention was confirmed, the detenu sent a representation dated 12-2-1990 - Annexure-B praying for furnishing the order of detention and the grounds of detention together with the connected papers. As neither a reply was received by the detenu, nor the order of detention, the grounds of detention and the copies of the documents connected therewith were furnished, he sent another representation on 26-2-1990, through the Senior Superintendent, Central Prison, Bangalore. As an argument is built on this representation it is necessary to reproduce the same. The said representation reads thus : "Respected Sir, Sub. : Requesting order of Detention Order and the grounds of detention urgently. Ref. : My earlier representation dated 12-2-1990 to your goodself in this regard. Sir, In continuation of my earlier representation dated 12-2-90, I am once again requesting your goodself kindly arrange to provide me the order and grounds of detention along with relevant documents to enable me to make an effective representation against my detention OR to order my release immediately on humanitation grounds as I am innocent. Thanking you." No reply was also received by the detenu to his aforesaid representation dated 26-2-1990. Thereafter, this writ petition was presented by the mother of the detenu on 9-4-1990.