PREMA W/O. LATE GOPINATH Vs. STATE OF KARNATAKA BY SENIOR SECRETARY DEPARTMENT OF LAW AND ORDER VIDHANA SOUDHA BANGALORE - 560001, THE COMMISSIONER OF POLICE BANGALORE CITY INFANTRY ROAD BANGALORE - 560001, ASST. COMMISSIONER OF POLICE VIJAYNAGA

JUDGEMENT

(1.) THIS writ petition is presented by the mother of one Vinod Kumar who is detained pursuant to an order dated 17.3.2012 passed by respondent No 2 - the Commissioner of Police, Bangalore City, under provisions 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') and he is under detention at the Central Prison at Bangalore. It is for issue of a writ in the nature of habeas corpus to quash the order of detention and to secure the freedom of the detenue, on the premise that detention is not valid in law, is not sustainable and therefore, the petition deserves to be allowed. The detaining authority passed the detention order and in the grounds of detention, copy of which is furnished to the detenue it is inter alia indicated that the detenue had been indulging in criminal activities ever since he was of the age of 22 years; that he is indulged in the criminal activities from the year 2003 onwards; that the detenue along with his other associates such as Cycle Ravi, Mahesh @ Paisa Satisha, chandrasekara, Raghevendra, Ananda, Venkatesh, Hanumantharaju, Rama, Somshekar, Sanjay, Saravana, Arun Kumar, have been systematically indulged in crime punishable under Sections 364A, 365, 387, 307, 399, 402, 365, 344, 323, 320 506 and even under Section 302 of IPC etc., that the detenue was involved in as many as ten criminal cases over a period of time; that many of the criminal cases have resulted in acquittal for want of supporting evidence as witnesses being scared of the criminal and goonda activities of the detenue, were not coming forward to give evidence; that there are some criminal cases still pending against the detenue; that CC No. 8505/2003 is still pending on the file of the Court of VII Addl. CMM Court, Bangalore, and likewise another case in SC. No. 186/2011 is also pending before the V ACMM Court and likewise investigation is in progress in criminal case No. 44/2012 for the offences punishable under Sections 399 and 402 of IPC and registered by K.P. Agrahara Police Station, Bangalore. The accused is on bail in the case of the year 2003 and so also in the S.C. No. 186/2011 that in criminal case No. 44/2012 detenue having been produced before the V Addl. CMM Court, has been remanded to the police custody and that the case is under investigation; that a rowdy sheet is opened against the detenue on 8.10.2011 due to such repeated criminal and goonda activities; that the conduct of the detenue not only disturbs the public order but was prejudicing the peace and order in he society; that the detenue while on bail was in the habit of threatening the witness because of which the witnesses were not coming forward to tender evidence and therefore, there was need to pass the order of detention.

(2.) IT is questioning this order, the present writ petition (HC) on several grounds inter alia indicating that the detaining authority has not applied his mind before passing the order, although relevant materials were placed before the detaining authority, before the order came to be passed. But, there was non application of mind to the material, which was available before him; that the order passed by the detaining authority has not been properly approved by the government within 12 days by the State Government as per the provisions of Section 3(3) of the Act for the detenue has not been properly apprised as regards his representations to be submitted against the order of detention. But even the confirmation of the order of detention by the State Government as on 9.5.2012 is also vitiated, though the advisory board had not advised the State Government against the order of detention that the detenue had been released on bail by the Court of Presiding Officer Fast Track Court II, Bangalore, in Criminal Miscellaneous No. 1228/2012 as per the order dated 9.3.2012 relating to crime No. 44/2012 registered by the K.P. Agrahara Police that copy of this order has not been placed before the detaining authority about the bail granted and release of the detenue and therefore, the order passed by the detaining authority is vitiated due to non -application of mind etc.

(3.) SRI E.S. Indiresh, learned HCGP submits that while the grounds raised in writ petition in support of the petitioner are all disputed and not tenable, it is averred that all relied upon documents have also been furnished to the detenue after complying with the procedural requirements as contemplated under Article 22 of the Constitution of India; that all procedural safeguards have been duly observed; that the detention order having been duly approved on 26.3.2012 and the advisory board in its representation dated 23.4.2012 having been affirmed the order of the State Government in pursuance thereto has confirmed the order of detention for a period of 12 months from the date of detention and therefore, no need for interference and urges for dismissal of the writ petition.