Case Note & Summary
The writ petition is a habeas corpus proceeding filed under Article 226 of the Constitution of India by the detenu and his wife against the Commissioner of Police, Bengaluru, the State of Karnataka, and the Senior Superintendent of Central Prison. The petition challenges a preventive detention order dated 28.12.2021 passed under Section 3(1) of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum-Grabbers and Video or Audio Pirates Act, 1985 (the Goonda Act), along with its confirmation under Section 3(3) on 06.01.2022 and the final order under Section 12 on 14.02.2022. The detenu alleged that a police inspector, one Jagadeesh, had been harassing him since 2021 due to a complaint filed with the State Human Rights Commission, resulting in the opening of a rowdy sheet and registration of multiple false criminal cases. On 28.12.2021, the detaining authority issued the detention order, asserting that the detenu was a 'goonda' involved in seven criminal cases, habitually committed offences under the IPC, violated bail conditions, and created public fear. The detenu submitted a representation on 04.01.2022 to the Advisory Board, but the State Government confirmed the detention on 06.01.2022 allegedly without due consideration of the representation. The final order under Section 12 was passed on 14.02.2022. The petitioners contended that the detention violated Articles 14, 21, and 22 of the Constitution, the representation was not considered before confirmation, the order was arbitrary, and there was malafide exercise of power. The respondent authorities filed objections maintaining that the detention was valid, all procedures under the Act were followed, the representation was considered by the Advisory Board and the State Government within reasonable time, and the detenu’s activities warranted preventive detention. The matter was heard and reserved for orders on 05.09.2022, and the judgment was pronounced on 19.09.2022, but the final decision is not included in the provided text. The text ends abruptly during the recitation of the respondents’ submissions regarding the material forwarded by the Inspector of Police.
Issue of Consideration
Whether the preventive detention order dated 28.12.2021 under Section 3(1) of the Karnataka Goonda Act and its confirmation orders are legally valid and constitutional in light of alleged procedural irregularities and non-consideration of the detenu's representation
Case Details
2022 LawText (KAR) (09) 51
WRIT PETITION (HC) No.39/2022
B. Veerappa, K.S. Hemalekha
Sri Rohan Veeranna Tigadi (for petitioners), Sri V.S. Hegde and Sri Thejesh P. (for respondents)
Shivraja @ Kulla Shivraja and Kamalamma K.N.
Commissioner of Police, Bengaluru, State of Karnataka, Senior Superintendent, Central Prison, Bangalore
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Nature of Litigation
Habeas corpus petition challenging preventive detention order under the Karnataka Goonda Act
Remedy Sought
Petitioners seek a writ of habeas corpus to declare the detention of petitioner No.1 illegal and set him at liberty, and to quash the detention order dated 28.12.2021, the confirmation order dated 06.01.2022, and the final order dated 14.02.2022.
Filing Reason
The detention order was passed arbitrarily without proper consideration of the representation, and there were procedural irregularities; also allegations of harassment by a police inspector and false cases.
Previous Decisions
The detention order was passed on 28.12.2021, confirmed on 06.01.2022, and final order under Section 12 on 14.02.2022. The representation was forwarded to the Advisory Board and considered; the State Government issued an endorsement on 28.06.2022.
Issues
Validity of preventive detention order under Goonda Act
Violation of fundamental rights under Articles 14, 21, 22
Non-consideration of detenu's representation
Arbitrariness and malafide in detention order
Submissions/Arguments
Petitioners argued that the detention order was illegal and violative of Articles 14, 21 and 22; the detenu was harassed by a police inspector leading to false cases and a rowdy sheet; the representation dated 04.01.2022 was not considered before the confirmation of the detention; opportunity to make representation was inadequate; and the order was passed arbitrarily with malafide intent.
Respondents contended that the writ petition was not maintainable; the detention was valid and all procedures under the Goonda Act were complied with; the representation was considered by the Advisory Board and the State Government within reasonable time; the detenu was actively involved in multiple criminal cases, violated bail conditions, and created public fear justifying preventive detention.
Judgment Excerpts
petitioner No.1 has been preventively detained from 28/12/2021 for one year under the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum–Grabbers and Video or Audio Pirates Act, 1985 (“Goonda Act” for short) and resulted in the violation of the fundamental rights of petitioner No.1 under Articles 14, 21 and 22 of the Constitution of India being infringed.
the representation dated 04/01/2022 has been considered by the respondent within a reasonable time and therefore, the detention order cannot be said to be vitiated on the said ground and there is no violation of any fundamental right of the petitioner as contemplated under Section 21 of the Constitution of India.
Procedural History
Detention order under Section 3(1) of the Goonda Act was passed on 28.12.2021 by respondent No.1. Detenu submitted a representation on 04.01.2022. The State Government confirmed the detention under Section 3(3) on 06.01.2022. The representation was forwarded to the Advisory Board, and its report was submitted to the State Government. A final order under Section 12 of the Act was passed on 14.02.2022 confirming the detention. The State Government issued an endorsement on 28.06.2022 after considering the representation. The present writ petition was filed challenging these orders.
Acts & Sections
- Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum–Grabbers and Video or Audio Pirates Act, 1985 (Goonda Act): 3(1), 3(3), 12
- Indian Penal Code, 1860 (IPC): 324, 504, 506, 34, 353, 307, 302, 395, 143, 147, 148, 323, 149, 399, 402
- Code of Criminal Procedure, 1973 (Cr.P.C.): 110
- Karnataka Money Lenders Act, 1961: 5, 38, 39
- KPCEIA 2004: 3, 4
