MARTINA MALA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Ivin Kumar, husband of the petitioner, was detained on 10.9.2014 under the provisions of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1985 (for short 'Act of 1985'). The approval to the detention order was accorded on 10.9.2014 and the matter was sent to the Advisory Board on 22.9.2014, the report of which was received on 10.10.2014. Finally, the confirmation order was passed by the Government of Karnataka on 21.10.2014. Challenging the aforesaid order dated 10.9.2014 passed by the Commissioner of Police (Respondent No.3) and dated 21.10.2014 passed by the Government of Karnataka, this petition has been filed.

(2.) We have heard Sri.S.G.Rajendra Reddy appearing for Sri.C.R.Raghavendra Reddy, learned counsel for the petitioner and Sri.H.V.Manjunath, learned AGA appearing for the State respondents and perused the records.

(3.) The submission of Sri.Reddy, learned counsel for the petitioner is three folds. It is firstly contended that though the period for such detention could extend up to 12 months, but under the proviso to sub-Section 2 of 4 of the Act of 1985, the initial confirmation could not have been for a period beyond three months and could thereafter be extended from time to time for further such period but not beyond twelve months. It is contended that by the order dated 21.10.2014, the State Government has at the first instance itself passed the order for extension of order of detention passed by the Commissioner of Police on 10.9.2014 for a period of twelve months, which, as per the submission of learned counsel for the petitioner, is against the provisions of Section 3 of the Act.