Ravikumar K.V. vs State of Karnataka

Mohan M. Shantanagoudar, J.—The order of detention, dated 3-2-2016 passed by the Deputy Commissioner and District Magistrate, Shivamogga vide Annexure-C under Section 3(2) of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum-Grabbers and Video or Audio Pirates Activity Act, 1985 (Karnataka Act 12 of 1985) and other subsequent orders, including the order of confirmation dated 11-3-2016 vide Annexure-F passed by the State Government are called in question in this writ petition.

Petitioner has raised number of grounds assailing the correctness of the impugned order of detention. He mainly contends that the order of confirmation dated 11-3-2016 vitiates, inasmuch as the representation/statement of objections filed by the detenue sent through the prison authorities to the State Government is not placed before the Advisory Board at the time of hearing the detenue before the Advisory Board. He relies upon the document at Annexure-G, dated 25-2-2016, which is a representation filed by the detenue and the said representation is sent to the State Government by the prison authorities to be placed before the Advisory Board. Despite the same, the representation dated 25-2-2016 submitted by the detenue is not placed before the Advisory Board by the State Government.

Sri Indiresh, learned Government Pleader took a day''s time yesterday when the matter was posted for hearing, to get instructions. Hence, the matter is listed today once again for hearing. Learned Government Pleader, on instructions submits that the representation was in fact submitted by the detenue and the same was sent through prison authorities, Bellary Central Prison, but such representation was not placed before the Advisory Board by the State Government. Consequently, the Advisory Board did not consider the representation filed by the detenue.

It is relevant to note that in the statement of objections filed by the State Government, it is erroneously pleaded by the State that representation is not submitted by the detenue to be placed before the Advisory Board. The said statement made by the State Government in its statement of objections is contrary to the actual facts.

From the aforementioned narration, it is amply dear that the representation though was filed by the detenue is not placed before the Advisory Board by the State Government and consequently, the Board did not consider the same. In that view of the matter, it can be concluded that the detenue was deprived of an opportunity of being properly represented before the Advisory Board. Hence, the impugned order of detention and consequent orders including the order of confirmation are vitiated and therefore the some are liable to be quashed. Accordingly, the following order is made:

(i) The order of detention dated 3-2-2016 vide Annexure-C; the order of approval dated 9-2-2016 vide Annexure-E; and the order of confirmation dated 11-3-2016 vide Annexure-F are vitiated and accordingly they are quashed.

(ii) The detenue-Girisha alias Kuntagiri shall be released forthwith, in case if he is not required in any other case.

(iii) Writ petition is allowed accordingly.

It is open for the authorities concerned to initiate fresh action, if need be, in accordance with law.