RAVIKUMAR K.V. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The order of detention, dated 3-2-2016 passed by the Deputy Commissioner and District Magistrate, Shivamogga vide Annexure-C under Sec. 3(2) of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum-Grabbers and Video or Audio Pirates Activity Act, 1985 (Karnataka Act 12 of 1985) and other subsequent orders, including the order of confirmation dated 11-3-2016 vide Annexure-F passed by the State Government are called in question in this writ petition.

(2.) Petitioner has raised number of grounds assailing the correctness of the impugned order of detention. He mainly contends that the order of confirmation dated 11-3-2016 vitiates, inasmuch as the representation/statement of objections filed by the detenue sent through the prison authorities to the State Government is not placed before the Advisory Board at the time of hearing the detenue before the Advisory Board. He relies upon the document at Annexure-G, dated 25-2-2016, which is a representation filed by the detenue and the said representation is sent to the State Government by the prison authorities to be placed before the Advisory Board. Despite the same, the representation dated 25-2-2016 submitted by the detenue is not placed before the Advisory Board by the State Government.

(3.) Sri Indiresh, learned Government Pleader took a day's time yesterday when the matter was posted for hearing, to get instructions. Hence, the matter is listed today once again for hearing. Learned Government Pleader, on instructions submits that the representation was in fact submitted by the detenue and the same was sent through prison authorities, Bellary Central Prison, but such representation was not placed before the Advisory Board by the State Government. Consequently, the Advisory Board did not consider the representation filed by the detenue.