ROSALINE Y Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Wife of the detenue by name Edwin @ Agil, son of Levvi @ Uttaranathan, aged about 22 years, has filed this writ petition under Article 226 of the Constitution, challenging the detention order passed by Respondent No.1, Deputy Commissioner/District Magistrate, Kolar District, Kolar, bearing No.MAG(2)CR/L & O (G)/01/2023- 24 vide Annexure - A; Order bearing reference number HD-221-SST-2023, dtd. 29/4/2023, at Annexure B, passed by the State, approving the orders at Annexure A, and the order passed by the second Respondent State, bearing number HD-221-SST-2023, dtd. 9/6/2023, vide annexure C, passed by the Respondent No. 2, under Sec. 13 of Karnataka, Prevention of Dangerous Activities of Boot Leggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum Grabbers, and Video or Audio pirates Act 1985, (hereinafter referred for short as 'Act'), and direct to release the detenue forthwith, on various grounds urged in the Writ Petition.

(2.) The Superintendent of Police, Kolar District, has submitted a report dtd. 9/2/2023 to District Magistrate, Kolar, requesting to take action under Goondas Act against detenue, vide Annexure E, and the Superintendent of Police has mentioned in detail about the cases pending against detenue, as well as the heinous acts committed by detenue, as well as the acts which are creating trouble to the tranquillity of society and public order. The District Magistrate has considered the report along with the materials placed before him by the Superintendent of Police and passed the detention order along with the grounds of detention, bearing number MAG (2)CR/L&O(G)/01/2023-24, dtd. 24/4/2023.

(3.) The learned District Magistrate mentioned all the 20 cases registered against detenue in RobertsonPet Police Station, AndersonPet Police Station of Kolar District, registered under the various provisions of Indian Penal Code and NDPS Act. On the basis of materials placed before him, the District Magistrate satisfied that the detenue was involved in several offences under the various Acts and is creating an atmosphere of fear and insecurity in the minds of the general public, which adversely affecting public order. That the law-abiding public are living in great insecurity and there is every possibility that they may not approach the justice delivery system against the detenue's illegal activities. He is a rowdy sheater of Robertsonpet Police Station; to maintain effective surveillance on the detenue's activities, it was warned detenue for good behaviour from time to time. In spite of such warnings, detenue continued his illegal activities and did not reform himself. The activities of the detenue had disturbed normal public life in all the localities, wherein he had committed the offences. With the said subjective satisfaction, the District Magistrate passed impugned order of detention dtd. 24/4/2023, vide annexure A, along with, the grounds of detention and same were served on detenue, on the same day.