VANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The order of detention dated 24.3.2016 passed by the second respondent (vide Annexure-'A') and the order of confirmation dated 31.3.2016 passed by the first respondent (vide Annexure-'C') are called in question in this writ petition.

(2.) This Habeas Corpus Writ Petition is filed by the wife of the detenu, who is detained under the provisions of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985 ('the Act' for short).

(3.) The order of detention dated 24.3.2016 passed by the Deputy Commissioner and District Magistrate, Hassan suffers from serious illegality and the same is contrary to the provisions of Sec. 3(2) of the Act. The proviso to Sec. 3(2) of the Act mandates that the period specified in the detention order made by the State Government/Detaining Authority under Sec. 3(2) of the Act "shall not", in the first instance, exceed three months, but the State Government may, if satisfied that it is necessary so to do, amend such order to extend such period from time to time by any period not extending three months at any one time. The bare reading of proviso to Sec. 3(2) of the Act makes it amply clear that the initial detaining order shall not order to detain the detenue for more than three months. However, it is open for the State Government to extend time as prescribed in the Act upto maximum period of twelve months.