Case Note & Summary
The petitioner, Yallappa, a poor coolie living with his wife and children in Raichur, was detained under the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985. The Deputy Commissioner passed the detention order on 2 January 2016 under Section 3(2) of the Act, alleging that the petitioner was continuously engaged in the sale of spurious toddy since 2008, with ten criminal cases registered against him under the Indian Penal Code and Karnataka Excise Act. The order was approved by the State Government on 11 January 2016 and confirmed by the Advisory Board on 23 January 2016. A subsequent order dated 4 February 2016 specified detention for twelve months from 2 January 2016, renewable every three months. The detenu, through his wife, challenged these orders by way of a habeas corpus petition under Articles 226 and 227 of the Constitution. The main contention raised by the petitioner was that the detention order for twelve months in the first instance violated the proviso to Section 3(2) of the Act, which states that an order made by the Government shall not in the first instance exceed three months, but may be extended by periods not exceeding three months at any one time. Reliance was placed on the Supreme Court decision in Cherukuri Mani v. Chief Secretary, Government of Andhra Pradesh, (2015) 13 SCC 722, which interpreted an identical provision in the Andhra Pradesh Act. The petitioner also argued that the detaining authority failed to consider orders granting bail in some criminal cases and that there was no proximity between the old cases and the detention, relying on Rushikesh Tanaji Bhoite v. State of Maharashtra, (2012) 2 SCC 72 and a Division Bench decision of the Karnataka High Court. The State, through the Additional Advocate General, contended that the proviso to Section 3(2) related to the period of delegation of power to the District Magistrate, not the period of detention, and that Section 13 of the Act permitted a maximum detention of twelve months. The High Court, after analyzing the provisions, held that the proviso to Section 3(2) clearly applies to the detention order itself and limits the initial period to three months, with extensions permissible only in three-month increments after periodic review. The Court found that the order dated 4 February 2016, which prescribed detention for twelve months from the start, was directly contrary to the proviso and the binding precedent in Cherukuri Mani, rendering the entire detention illegal. It did not deem it necessary to examine the other grounds of challenge. Consequently, the writ petition was allowed, the orders dated 2 January 2016 and 4 February 2016 were quashed, and the petitioner was directed to be set at liberty forthwith if not required in any other case.
Headnote
A) Preventive Detention - Duration of Detention Order - Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985 - Sections 3(2), 13 - The proviso to Section 3(2) specifies that the order of detention shall not in the first instance exceed three months, and any extension shall be for a period not exceeding three months at a time. The Supreme Court in Cherukuri Mani v. Chief Secretary, Government of Andhra Pradesh (2015) 13 SCC 722 held a similar provision in the Andhra Pradesh Act requires periodic review and a detention order for twelve months in the first instance is illegal. In this case, the order dated 04/02/2016 directing detention for twelve months from 02/01/2016 was contrary to the proviso. Held, the detention order is illegal and quashed (Paras 6, 14-17).
Issue of Consideration
Whether the detention order for twelve months from the date of detention is valid under the proviso to Section 3(2) of the Karnataka Prevention of Dangerous Activities Act, 1985, read with the Supreme Court decision in Cherukuri Mani v. Chief Secretary, Government of Andhra Pradesh; whether the order suffers from non-consideration of bail orders and lack of proximity
Final Decision
The writ petition was allowed. The detention order dated 02/01/2016 and the order dated 04/02/2016 were quashed. The detenu, Sri. Yallappa, was ordered to be set at liberty forthwith if not required in any other case.
Law Points
- Preventive detention order cannot exceed three months in the first instance
- extension must be for three months at a time
- detention for twelve months from the start is illegal
- Cherukuri Mani v. Chief Secretary
- (2015) 13 SCC 722 applied
- non-consideration of bail orders vitiates subjective satisfaction
