2017 Supreme(Kar) 1077
IN THE HIGH COURT OF KARNATAKA
B.S. Patil, B.V. Nagarathna, JJ.
Nausheena - Petitioner
Versus
State of Karnataka and others - Respondents
W.P. (H.C.) No. 96 of 2016
Decided On : 14-03-2017
For the Petitioner:Sri. B. Lethif, Advocate.
For the Respondent:Sri. Tharanath I. Poojary, ADDL. Govt., Advocate.
Headnote:CONSTITUTION OF INDIA, 1950 – Article 22(5) – Preventive detention under Section 3 of Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act (12 of 1985), – Detenu was not supplied with documents referred to in grounds of detention – Detenu was aware of said grounds – No prejudice was caused to detenu – Held, There is no violation of Article 22(5) of Constitution. Detenu cannot be said to be prevented from making effective representation.
Petitioner is the wife of the detenue-Althaf, s/o. Abdul Khader. He has been detained under the provisions of Karnataka Prevention of Dangerous Activities of Bootleggers, Drug offenders, Gamblers, Goondas, Immoral Traffic offenders and Slum Grabbers Act, 1985 (hereinafter called as the 'Act' for the sake of brevity).
2. The second respondent-Commissioner of Police, Mangalore City, has passed the order of detention on 23/04/2016 and the Kannada translation of the said order was furnished to the detenu on the same date vide Annexure 'A' and 'A-1' respectively. The grounds of detention along with its Kannada translation were furnished to the detenu and they are at Annexure 'B' and 'B-1' respectively. The detention was approved by the State Government by order dated 30/04/2016 vide Annexure 'C'.
3. In a nutshell, it is stated in the grounds of detention that the detenu is involved in several criminal activities within the limits of Ullala Police Station, D. K. Dist., damaging Government property, obstructing the police from discharging their duties by causing injuries, committing acts of kidnapping, extortion, dacoity and attempt to murder in collusion with anti-social elements. As a result, Ullala Police has opened a rowdy sheet against the detenu on 14/05/2010. The activities of the detenu have created problems for the law abiding citizens and, therefore, the provisions of the Act have been invoked against the detenu. Further, in the grounds of detention, reference has been made to Crime Nos.134/2010, 356/2013, 242/2014, 99/2016 of Ullala Police and Crime No.179/2015 of Mangalore East Police. That Crime No.179/2015 is under investigation while in the first four cases, charge sheets have been filed and the trial is under progress.
4. The detenu is in judicial custody from 22/03/2016 in Crime No.99/2016. It is stated that in case the detenu obtains bail in the aforesaid case also and if he is released, he would continue his criminal activities which are detrimental to the maintenance of public order. As the ordinary laws have failed to control his criminal tendencies it has become imperative to detain him under the Act.
5. The order of detention which was approved by the State Government on 30/04/2016 was served on the detenu on 02/05/2016 along with the relevant documents in the form of a paper book at Kalaburagi Central Prison. According to the petitioner, along with the order of approval, certain documents have been annexed, which are illegible, as a result, the detenu was unable to make an effective representation. However, the detenu gave a representation to the State Advisory Board through the Superintendent of Prison on 04/05/2016 as per Annexure 'E'. Petitioner, being aggrieved by the order of detention dated 23/04/2016 as well as the order of approval dated 30/04/2016 passed on her husband, has approached this court challenging the same on various grounds.
6. Statement of objections has been filed to the writ petition as also additional affidavit along with certain documents, contending that the order of detention is legal and justified.
7. Petitioner's counsel has filed a memo dated 28/10/2016 enclosing endorsement dated 25/04/2016, issued by the State Government.
8. We have heard learned counsel for the petitioner and learned Addl. Government Advocate (A.G.A.) for and on behalf of the State and perused the material on record.
9. Learned counsel for the petitioner has urged certain contentions while assailing the order of detention. He has drawn our attention to five cases mentioned in the grounds of detention. That in the first four cases namely, Crime Nos.134/2010, 356/2013, 242/2014 and 179/2015, the detenu has been granted bail and that in Crime No.99/2016 the case is under investigation, but he is in judicial custody. That in respect of the four cases where bail has been granted, the detaining authority has not supplied the copy of the bail order passed in Crime No.242/2014. The detaining authority was also not quite