JUDGEMENT
VIJAYKUMAR A.PATIL,J. -
(1.)The petitioner No.1 is the detenue and the petitioner No.2 is the father of the detenue. They are seeking prayer
to set free the petitioner No.1-detenue by issuing a writ in
the nature of Habeas Corpus and by quashing the order
dtd. 24/3/2024 passed by the respondent No.2 at
Annexure-E and the order dtd. 28/3/2024 passed by the
respondent No.1 at Annexure-F.
(2.)The detention order came to be passed by the respondent No.2 by exercising the power conferred under
sub-Sec. (2) of Sec. 3 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
(hereinafter referred to as 'the Goonda Act'). The said
order has been confirmed by the respondent No.1. The
grounds of detention have been served on the detenue.
The detention order, grounds of detention and the file was
placed before the Advisory Board and the Advisory Board
forwarded its opinion to the respondent No.1. Thereafter,
the respondent No.1 passed an order dtd. 22/4/2024 as
required under the Goonda Act. Being aggrieved, the
petitioners have filed the present petition.
(3.)Sri.B.Roopesha, learned counsel appearing for the petitioners submits that the detention order dtd.
24/3/2024 passed by the respondent No.2 is contrary to the provisions of the Goonda Act. It is submitted that the
first two complaints filed against the detenue are by his
uncle and cousin brother relating to civil disputes and
other cases relied on by the Authority while passing the
detention order are stale matters and in all the cases, the
detenue was on bail. These aspects have not been
considered by the respondent No.2 while passing the
impugned order of detention. It is further submitted that
there is no duration of detention mentioned in the
impugned order and on this ground also, interference is
called for. It is also submitted that no opportunity of
hearing was provided to the detenue and hurriedly
impugned orders were passed. Hence, he seeks to allow
the petition by setting free the detenue.
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