LEELAVATHI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner is the mother of the Detenu. Her case is that the Detenu has been detained in pursuance of the order of detention alleging that the Detenu is a 'Goonda' as defined under Clause (g) of Section 2 of the Karnataka Prevention of Dangerous Activities of Boot Leggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum Grabbers, Video or Audio Pirates Act, 1985 (hereinafter referred to as 'the Act').

(2.) The order of detention was passed on 25.07.2018. The same was placed before the Advisory Board and thereafter, the State Government confirmed the detention. Questioning the order of detention, the Detenu filed Writ Petition Habeas Corpus No.96 of 2018 seeking to quash the order of detention and for his release. By the order dated 18.12.2018, the learned Division Bench came to the conclusion that the petition would not survive for consideration on merits and hence it was dismissed. It was noted therein that the representation made by the Detenu was belated in the sense that it was submitted after the order of confirmation was made. Therefore, the Division Bench was of the view that the representation made by the Detenu subsequent to the order of confirmation has to be considered by the State Government in terms of Section 14 of the Act. Therefore, liberty was granted to the Detenu to file any additional statement in support of his earlier statement which was already made. Thereafter, a representation was made by the Detenu on 05.02.2019. The representation was not considered expeditiously. Therefore, the instant petition was filed to declare that the detention of the Detenu Sri.Yuvaraja @ Papa, in terms of the earlier order passed by the Detaining Authority and affirmed by the State Government as illegal and void-ab-initio.

(3.) Notices were issued to the respondents. The respondents-State have filed the statement of objections and have also enclosed the copy of the order dated 03.04.2019 passed under Section 14 of the Act, rejecting the representation of the Detenu.