TARANNUM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is the wife of the detenue viz., Wasim alias Wasim Akram alias Welding Wasim (hereinafter referred to as 'the detenue' for short) has assailed the validity of the order of detention dtd. 19/12/2022 under the provisions of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers and also Video and Audio Pirates Act, 1985 (hereinafter referred to as 'the Act' for short). The petitioner also seeks quashment of order dtd. 29/12/2022, by which order of detention has been affirmed by the State Government. The petitioner also seeks quashment of order of confirmation dtd. 21/1/2013 passed by the State Government and seeks a writ of habeas corpus to release the detenue forthwith.

(2.) Facts leading to filing of this petition briefly stated are that an order of detention was passed against the detenue on 19/12/2022 under the Act on the ground that the detenue started criminal activities since, 2014 in Hunsur Town, Mysore District. The allegation against the detenue is that he is indulged in several cases pertaining to physical assault, criminal intimidation, riots, kidnapping offences against women and destruction of public properties etc. In pursuance of order of detention, the detenue was arrested on 19/12/2022. On account of the criminal activities of the detenue, a rowdy sheet was opened against him at Hunsur Police Station on 7/3/2015. It is averred that since, 2015 till 2021, 10 criminal cases were registered against the detenue. It is the case of the respondents that activities of the detenue caused disturbance to public order and to control his activities and to prevent him from acting in any manner prejudicial to the public order, an order of detention was passed.

(3.) The order of detention was forwarded to the State Government for approval, which accorded its approval on 29/12/2022. Thereafter, an order of corrigendum dtd. 29/12/2022 was issued. The detenue submitted a representation on 2/1/2023 to respondents and the advisory board. Thereafter, another representation was submitted on 5/1/2023 to the respondents and the advisory board. The representation of the detenue was forwarded to the advisory board on 5/1/2023. The recommendation of the advisory board dtd. 11/1/2013 was received on 20/1/2013 and thereafter an order of confirmation dtd. 21/1/2023 has been passed. The representation submitted by the detenue was decided by an order dtd. 3/2/2023 and the same was rejected. In the aforesaid factual background, this petition has been filed.