LAWS(KAR)-2015-5-33

VIDYAVATHI G. Vs. STATE OF KARNATAKA AND ORS.

Decided On May 26, 2015
Vidyavathi G. Appellant
V/S
State of Karnataka and Ors. Respondents

JUDGEMENT

(1.) Heard the learned counsel for petitioner and the learned Additional Government Advocate for the respondents.

(2.) The petitioner herein is the wife of detenu namely Gopi alias Gopal s/o Pille Rangappa, resident of Shivamogga. He has been detained under the Karnataka Prevention of Dangerous Activities of Bootleggers, Drugs Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1985. Since the detenu is unable to approach this Court challenging the alleged illegal detention, the petitioner is before this Court.

(3.) It is claimed that the detenu has been taken into custody on 11.04.2015 and the order of detention dated 11.04.2015 is at Annexure-A to the petition. The detention order indicates that the detenu has been indulging, abetting and attempting to commit alleged offences punishable under Chapter- VII of the Karnataka Police Act, 1963, which includes gambling relating to Matka or betting in any game of chance and his activities are prejudicial to the maintenance of public order and it is likely to influence the youngsters and poor families to indulge in gambling and thereby jeopardized their lives. The Detaining Authority has relied upon six cases in respect of this detenu, which indicates the grounds of detention, out of which, in four cases, the detenu has been convicted. It is claimed that he is frequently indulging in anti social activities and therefore, the respondent No.2 has passed the detention order. The Respondent No.2 has forwarded for confirmation by the State Government of the said detention order and the State Government has been pleased to confirm the same on 20.04.2015. The detenu was seemed to have received the intimation and he was made to appear before the Advisory Board on 04.05.2015 and he is said to have been produced before the Advisory Board on that day and the Advisory Board by its order dated 05.05.2015, has confirmed the same.