KUSUMA Vs. THE STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) The above writ petition is filed by one Smt. Kusuma, w/o. Vasudev. The case of the petitioner is that she is the sister of detenu Giddappa alias Lambu Giddappa, s/o. Mahadevappa.

(2.) The brief facts as narrated by the petitioner is that she is approaching this Court on behalf of detenu as he has been incarcerated and is unable to approach this Court challenging the order of detention. It is the case of the petitioner that, the detenu has been taken into preventive custody on 11.04.2015 on the ground that he is indulging in gambling activities which is having deleterious effect on the citizens and the economy.

(3.) The sole ground raised by the petitioner is that there is no material whatsoever produced by the respondent authorities to detain the detenu and the impugned order of detention does not disclose any right to make a representation to the Detaining Authority and on the said ground, the petitioner contends that the impugned order of detention is vitiated. It is undisputed that the power to revoke the detention order is also vested in the Detaining Authority itself. That being so the Detaining Authority ought to have put the detenu on notice regarding this valuable right.