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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V KAMESWAR RAO, T.M.NADAF, JJ
Priyadarshini W/o Rajesh @ Motte – Appellant
Versus
Commissioner Of Police Bengaluru – Respondent
| Table of Content |
|---|
| 1. detenue's criminal background and detention basis. (Para 2 , 3 , 4) |
| 2. petitioner's grounds against detention order. (Para 7 , 8 , 9 , 10) |
| 3. respondents' defense of detention order. (Para 11 , 12 , 13 , 14) |
| 4. court's assessment of the detention legality. (Para 16 , 17 , 18) |
| 5. judicial review standards for preventive detention. (Para 19 , 20 , 21 , 22 , 25) |
| 6. conclusion on validity of detention order. (Para 23 , 24) |
| 7. final order of dismissal. (Para 26 , 27) |
ORDER :
T.M.NADAF, J.
Smt.Priyadarshini, wife of the detenue namely, Rajesh @Motte, is before this Court seeking Writ of Habeas Corpus in the following manner :
“Wherefore, it is most humbly and respectfully prayed that this Hon'ble Court may be pleased to:
a. Issue a writ of habeas corpus declaring the detention of Rajesh @ Motte, son of Late Subramani illegal and set him at liberty forthwith after quashing the order bearing reference No.05/CRM(4)/DTN/2025 dated 29/01/2025 (Annexure "A") passed by the 1 Respondent under Section 3(1) of the Goonda Act, the order bearing reference number HD 54 SST 2025 dated 04/02/2025 (Annexure "B") passed by the 2nd Respondent under Section 3(3) of the Goonda Act and order bearing
Preventive detention must balance individual liberty with public safety, and courts uphold the subjective satisfaction of authorities unless grossly unsupported by evidence.
Preventive detention orders must follow statutory compliance and aim to prevent future offenses, not punish past actions.
Detention orders must be based on adequate factual supports and clear legal justifications, ensuring compliance with procedural standards and the right to a fair hearing.
Preventive detention under the Goondas Act is justified when the detaining authority's subjective satisfaction regarding public order disturbances is met, despite challenge on procedural grounds.
Preventive detention orders must provide all relevant documents to the detenue for effective representation; failure to do so invalidates the detention.
(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....
Preventive detention must link past conduct to an imminent threat; reliance on outdated or incorrect data violates legal principles.
Preventive detention under the Andhra Pradesh Prevention of Dangerous Activities Act requires the authority to demonstrate necessity due to repeated offenses impacting public health, not merely due t....
Preventive detention requires clear evidence of the likelihood of release and necessity for detention; vague assertions are insufficient.
(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....
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