(1.) SMT. Mumtaj wife of the detenu Badha alias Basyasab Shaik alias Kuttewan has filed this Habeas Corpus petition challenging the detention order dated 12-9-2002 passed by the District Magistrate, Bagalkot and the confirmation order dated 17-9-2002 and the subsequent confirmation order dated 31-10-2002.
(2.) THE said detention order passed by the District Magistrate and Deputy Commissioner, Bagalkot District, with a view to prevent the petitioner from indulging in gambling profession and from disturbing the public peace and order, under S. 3 (2) of the Karnataka Prevention of Dangerous Activities of Boot-Leggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985 (for short, 'the Goonda Act'), have been challenged. The detention order dated 12-9-2002 has been approved on 17-9-2002. The detenu made a representation Annexure-E which was rejected by the Government vide endorsement dated 2-11-2002 (Annexure-F ). It is also stated that some other person by name Gajanan Govind Shinde was also detained However, on his representation, the Advisory Board directed the Government to revoke the order and the same was revoked by order dated 7-9-2002. But the representation of the petitioner before the Advisory Board was rejected. The order of detention was extended upto 11-9-2003
(3.) THE learned counsel for the petitioner submits that he has challenged the detention order on the ground that the detention orders are manifestly erroneous and are liable to be set aside for non-compliance of the requirements of Article 22 of the Constitution and S. 3 (1) of the Goonda Act and passed without subjective satisfaction. However, the main contention of the learned counsel, before this Court, is that while passing the detention order the detaining authority has held that the detenu has violated the undertaking in the bail bond and has not supplied the order to the detenu. Therefore, on this ground the detention order and confirmation order are liable to be set aside. He relied on the following decisions- (1) Abdul Sathar Ibrahim Manik v. Union of India, AIR 1991 SC 2261 : 1991 Cri LJ 3291. (2) Shaban Abdul Rahiman v. Union of India, 1993 Cri LJ 1515. (3) Mrs. Tsering Dolkar v. The Administrator, Union Territory of Delhi, AIR 1987 SC 1192 : 1987 Cri LJ 1888. (4) Magarwalla v. State of West Bengal, 1972 (76) CWN 892.