SANGEETA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is the wife of Sri Satish, who is detained in the Central Prison, Bijapur pursuant to the impugned order passed by the second respondent in exercise of power conferred by Section 3(1) of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas Immoral Traffic Offenders and Slum Grabbers Act, 1985 (herein after referred to as 'Goondas Act'). The detenu is subsequently shifted to the Central Prison in Gulbarga.

(2.) Sri Chandrashekhar K., learned counsel appearing for Sri Venkatesh C Mallabadi for the petitioner submits that the impugned order is bad, as no opportunity is afforded to the detenu to give representation to the State Government against the order of detention. In support of his submissions, he read out the provisions contained in Section 8(1) of the Goondas Act, which is extracted herein below:

(3.) Sri Chandrashekhar submits that the preventive detention is violative of Article 22(5) of the Constitution of India, which reads as follows: