IRANNA Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is the brother of one Ranaji and son of Barmaji. He has challenged in this writ petition the order of detention dated 2-6-2005 passed by the 2nd respondent against the detenu ranaji on several grounds 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 hereinafter referred to as the 'act' ).

(2.) THE main ground on which the petitioner is challenging the order of detention is non-compliance of Section 10 of the Act. The order of detention was passed on 2nd November, 2005 under Section 3 (2) of the Act. In pursuance to the said order of detention, the detenu was taker; to custody on 4-6-2005. Thereafter, the 2nd respondent submitted a report to the State government. The State Government has approved the order of detention under Section 3 (3) of the Act on 13-6-2005. Thereafter, the State Government has placed before the Advisory Board the detention order and the grounds on which the detention had been made and the representation of the detenu on 13-6-2005 as required under Section 10 of the Act. Those facts are not in dispute.

(3.) THE learned Counsel appearing for the petitioner Sri Venkatesh, contended that the detention order is liable to be quashed on the short ground of not placing the detention order before the advisory Board within three weeks from the date of detention of the detenu. According to the learned Counsel, the provisions contained in Section 10 of the Act are mandatory. In support of his submission, he relied upon the judgment of the Supreme Court in the case of S. M. D. Kiran pasha v. Government of Andhra Pradesh ami Ors. 1989 (3 )Crimes759 (SC ), JT1989 (4 )SC 366 , 1989 (2 )SCALE1083 , (1990 )1 SCC328 , [1989 ]supp2 SCR105.