BHARATHI S. PRABHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the wife of the detenue Sri. Shridhar @ Shridhara Prabhu against the order of detention passed by the 2nd respondent dated 3.5.2014.

(2.) The case of the petitioner is, her husband Sri. Shridhar @ Shridhara Prabhu was arrested on 19.3.2014 in lieu of an order passed by the 3rd respondent under Sections 12(1) and 13 of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1985 (hereinafter referred to as 'the Act'), to detain him for a period of 12 months from the date of order, in Belgaum Central Jail.

(3.) Sri. Rahamathulla Shariff, learned Counsel appearing for the petitioner submits that the impugned order is a clear violation of Article 22 of the Constitution of India and also Sections 12(1) and 13 of the Act. The Authority could not have passed an order detaining him for a period of 12 months at the first instance itself. Under law, they are obliged to pass the initial order of detention for a period of three months and thereafter extend, if need arises. Going by the communication issued to the detenue, he is not involved in any crime, which is punishable under the Indian Penal Code. The detenue is ailing from heart problem and for his continued treatment, he may be set at liberty.