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B.VEERAPPA, K.S.HEMALEKHA
SHIVARAJA @ KULLA SHIVARAJA S/O RAVIKUMAR – Appellant
Versus
COMMISSIONER OF POLICE, BENGALURU – Respondent
ORDER :
“As the proverb goes “use it or lose it” like unused knowledge becomes a burden, unused time dies “what is not used, is abused.”
1. Petitioner No. 1 being the detenue and petitioner No. 2 the wife of the detenue/petitioner No. 1 assail the order bearing reference No. 26/CRM/(4)/DTN/2021 dated 28.12.2021 (Annexure-A) passed by respondent No. 1 under the provision of Section 3(1) of the Goonda Act, the order bearing No. HD 1 SST 2022 dated 06.01.2022 passed by respondent No. 2 under Section 3(3) of the Goonda Act (Annexure-B) and order bearing reference No. HD 1 SST 2022 dated 14.02.2022 (Annexure-C) passed by respondent No. 2 under the provisions of Section 12 of the Goonda Act and sought to call for records of the order bearing reference No. 26/CRM/(4)/DTN/2021 dated 28.12.2021 (Annexure-A) from the respondent.
2. It is stated in the writ petition that 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- Grab
Article 22(5) casts an important duty on the detaining authority to communicate the grounds of detention to the detenu at the earliest to afford him the earliest opportunity of making a representatio....
Point of law : words 'shall afford him the earliest opoortunity of making a representation against the order' in Article 22(5) of the Constitution suggest that the obligation of the Government is to ....
The court established that compliance with procedural requirements under the Goonda Act is mandatory for the validity of detention orders, and failure to provide necessary documentation and translati....
(1) Law of preventive detention must not only comply with Article 22 of Constitution, but also fulfill mandate of Articles 21 and 14.(2) Preventive detention – If consideration of representation made....
Point of law : If for any reason, the detenue has to be released temporary, it is always open for him to approach the State Government to get the release order subject to conditions prescribed under ....
The violation of a detenue's rights under Article 22(5) leads to the quashing of detention orders when there is inordinate delay in considering representations.
The court established that strict compliance with procedural requirements in preventive detention laws is essential to protect individual liberties, and any failure to do so renders the detention ord....
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