LAWS(KAR)-2022-11-62

MAHAMMED RIYAZ Vs. STATE OF KARNATAKA

Decided On November 22, 2022
Mahammed Riyaz Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioner who is the brother of the detenue Mahammed Riyaz S/o P.Mayyadi (hereinafter referred to as 'the detenue'), has preferred this writ petition seeking for the following reliefs:

(2.) Heard the learned Counsel for the petitioner and also the learned State Public Prosecutor on behalf of the respondents.

(3.) Brief facts of the case as revealed from the records that may be necessary for the purpose of disposal of this petition are, respondent no.2 has passed an order of detention dtd. 10/2/2022 under Sec. 3(1) and (2) of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum-Grabbers and Video or Audio Pirates Act, 1985 (for short, 'the Act') against the detenue on the ground that the detenue who is involved in number of criminal cases and who is released on bail, has continued his anti-social activities which has caused disturbance of public order, and therefore, to control his activities and to prevent the detenue from acting in any manner prejudicial to the maintenance of public order, it has become necessary to pass the detention order against him. The said order of detention was followed by a corrigendum dtd. 15/2/2022 and the detention of the detenue was shifted to Bengaluru Central Jail from Mangaluru District Jail. Thereafter, the State Government, on 17/2/2022 approved the detention order passed by respondent no.2 and the copy of the approval order was served on the detenue on 18/2/2022 along with the paper book which contained the documents relied upon by the competent authority while passing the order of detention.