CHANDRAPPA N. Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) The order at Annexure-O, dated 16-3-2015 passed by the State Government under Sections 12(1) and 13 of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum-Grabbers and Video or Audio Pirates Act, 1985 ('the Act' for short) confirming the order of preventive detention, among others is called in question in this writ petition. The records reveal that the initial order of preventive detention dated 3-2-2015 vide Annexure-A was passed by the delegate i.e., Commissioner of Police, Bangalore City under Section 3(2) read with Section 3(1) of the Act for detaining Mr. Anand s/o late Ramanna. The grounds of detention were served on the detenue as per Annexure-G. The order at Annexure-A mentionedis approved by the State Government vide Annexure-N, dated 13-2-2015 under Section 3(3) of the Act. On 6-3-2015 the Advisory Board has given a report to respondent 1 stating that there are sufficient grounds for detention of the detenue. Thereafter State Government has confirmed the order of detention as per Annexure-O, dated 16-3-2015 under Section 12(1) read with Section 13 of the Act. The orders at Annexures-A, N and O are called in question in this writ petition.

(2.) Annexure-O discloses that the initial order of detention passed by the Commissioner of Police, Bangalore City (delegate under Section 3(1) read with Section 3(1) of the Act), dated 3-2-2015 is confirmed and the detention is continued upto 12 months subject to renewal of the detention order for every 3 months, which means that the initial order of detention passed by the Commissioner of Police, Bangalore City dated 3-2-2015 under Section 3(2) read with Section 3(1) of the Act needs to be confirmed within three months from the date of said order in order to continue the detention for a period of 12 months. In the matter on hand, there is no order of renewal of the detention order dated 3-2-2015 passed by the Commissioner of Police, Bangalore City within the period of three months as directed in the impugned order Annexure-O, dated 16-3-2015. Since the detention was ordered to be continued upto a period of 12 months only if the initial detention order is renewed for every three months and since there is no renewal of the initial detention order dated 3-2-2015 within three months as mandated in the order Annexure-O, dated 16-3-2015, the order of detention against the detenue dated 3-2-2015 vide Annexure-A becomes unauthorised after 3-5-2015. Admittedly, the order of renewal of detention order is not made by the concerned within three months. In view of the above, the detenue cannot be continued in custody after 3-5-2015. It is relevant to note that till this date, the State Government has not renewed the order of detention.