VISHWANATHA POOJARY Vs. GOVERNMENT OF KARNATAKA AND ORS.

JUDGEMENT

(1.) The petitioner has called into question the order, dated 13-7-2016 (Annexure-A) passed by the respondent 3 in exercise of the power conferred by Section 3(1) and (2) of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1985 ('Goondas Act' for short) directing that he be detained in Central Prison, Vijayapura and the second respondent's order, dated 17-8-2016 (Annexure-B) confirming the third respondent's order of preventive detention and continuing the same for a period of 12 months.

(2.) Sri Dilraj J. Rohit Sequeira, the learned Counsel for the petitioner submits that the impugned orders are presumptuous. They are passed on the basis of the respondents' presumption that as soon as the petitioner is enlarged on bail, he would indulge in anti-social activities. He submits that it is not in dispute that the petitioner is in judicial custody and that he has not even applied for bail. As there is no likehood of his coming out of the judicial custody in the immediate run, the apprehension that he would disturb the public tranquility is absolutely unfounded.

(3.) The second submission made by the learned Counsel is that the impugned order, dated 17-8-2016 (Annexure-B) is bad, as it continues the petitioner's detention for a period of 12 months at a stretch. He reads out the provisions contained in Section 3(2) of the Goondas Act. It is as follows :