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2006 Supreme(Kar) 65

H.L.DATTU, A.S.BOPANNA
SRIKANT – Appellant
Versus
DISTRICT MAGISTRATE, BIJAPUR – Respondent


Advocates:
Sri Kiron S. Javali, Advocate for Petitioner;
Sri Chandramouli, State Public Prosecutor for Respondents.

ORDER

The petitioner is before us challenging the detention order dated 26-5-2005 passed by the District Magistrate, Bijapur ordering detention of his brother viz., Sri Shivalingappa S/o Veerappa under the provisions of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1985 (Karnataka Act No. 12 of 1985). The said detention order has been approved by the Government and the Advisory Board. The main grounds on which the petitioner has challenged the said order is the non-compliance of the procedures contemplated under Article 22(5) of the Constitution of India and the petitioner therefore contends that the fundamental right guaranteed to him has been violated. The petitioner has more specifically contended that the detaining authority has not provided the opportunity of making representation and this right of the detenue to make such a representation has not been made known to the detenue. That apart, the petitioner has further contended that the detaining authority could have issued only one order of detention under Section 3(1) of the Act. The petitioner has contended that the detaini










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