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S. SUNIL DUTT YADAV, RAMACHANDRA D. HUDDAR
Sangeeta Sunkrol, W/O Satish Sunkrol – Appellant
Versus
Addl. District Magistrate And Police Commissioner Kalaburagi City – Respondent
ORDER :
S.Sunil Dutt Yadav, J.
The petition has been filed by the wife of the detenu seeking for a declaration that detention of Satish Sunkrol @ Market Satya by order dated 29.05.2024 bearing No.01/Goonda/MAG-2/KC/2024 passed by the learned Additional District Magistrate and Police Commissioner, Kalaburagi City under Section 3(1) & (2) 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 Act'] as being illegal and void. The petitioner has also challenged the Order of Approval dated 05.06.2024 bearing Reference No.HD 233 SST 2024 passed under Section 3(3) of the Act as well as the Confirmation Order dated 15.07.2024 bearing Reference No. HD 233 SST 2024 passed under Section 12 of the Act as being illegal.
2. The timeline of the orders passed, drawn from the synopsis of the petitioner is self-explanatory and the same is reproduced as hereunder:
| Sl. No. | Description/Events | Particulars/Date |
| 1. |
| |
Preventive detention requires a live link between past conduct and the necessity for detention; stale incidents cannot justify such orders.
(1) Preventive detention – Power of preventive detention is qualitatively different from punitive detention – It is not a parallel proceeding.(2) Inability on part of State’s police machinery to tack....
Preventive detention orders must follow statutory compliance and aim to prevent future offenses, not punish past actions.
(1) Mere contravention of law such as indulging in cheating or criminal breach of trust certainly affects ‘law and order’ but before it can be said to affect ‘public order’, it must affect the commun....
If the detaining authority apprehends that since the detenu was released on bail, there would be imminent possibility of his committing similar offences, nothing prevented the detaining authority in ....
(1) Preventive Detention - Recourse to preventive detention can be taken by executive merely on suspicion and as a precaution to prevent activities by person, sought to be detained, prejudicial to ce....
Point of Law : Clause (g) of Section 2 of the Telangana Act 1 of 1986, reads as "Goonda" means a person, who either by himself or as a member of or leader of a gang, habitually commits, or attempts t....
(1) Preventive detention – Powers to be exercised under Preventive Detention Law are exceptional powers which have been given to Government for its exercise in an exceptional situation as it strikes ....
The detention order must be based on compelling reasons, and the detaining authority must supply all material forming the basis of the detention to enable effective representation. Failure to do so r....
The main legal point established is that preventive detention cannot be a substitute for ordinary law and must be exercised with caution, ensuring that the detention is extremely necessary and the ac....
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