W.P. (HC) No. 20/2017. Case: Rekha Vs The State of Karnataka and Ors.. Karnataka High Court

Case Number:W.P. (HC) No. 20/2017
Party Name:Rekha Vs The State of Karnataka and Ors.
Counsel:For Appellant: R.B. Deshpande, Advocate and For Respondents: I. Tharanath Poojary, Addl. Govt. Advocate
Judges:B.S. Patil and B.V. Nagarathna, JJ.
Issue:Karnataka Police Act, 1963 - Section 2(7); Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-grabbers Act, 1985 - Sections 2(f), 2(g), 3(2)
Judgement Date:March 14, 2017
Court:Karnataka High Court
 
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Order:

B.V. Nagarathna, J.

  1. The petitioner is stated to be the wife of detenue - Suresh @ Jackie Suresh Ahmed, S/o. Late Thammaiah, who 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. According to the petitioner, the detenue was taken into custody on 25/11/2016. The grounds of detention along with the order of detention and the English translation thereof, were furnished to him. A copy of the detention order and its translation are at Annexure "A" and "B" respectively and a copy of the grounds of detention and its English translation are at Annexure "C" and "D" respectively. In the grounds of detention, it is stated that several cases have been registered against the detenue in Periyapattana Police Station in Crime Nos. 48/2010, 193/2010, 201/2010, 212/2014, 23/2015, 124/2015 and 219/2016, for the offences punishable under Section 4(1)(a)(c) of the Karnataka Lotteries and Prize Competitions Control and Tax Act, 1951. That some of the cases are pending trial and in one of the cases, the detenue is acquitted and in another case, he is convicted. That on 07/10/2016, the detenue was arrested in respect of another case and he is in judicial custody and while being so, the detention order was passed stating that the detenue has been creating law and order problem, threatening public peace and that a rowdy sheet is opened concerning the detenue at Periyapattana Police Station on 28/07/2007.

    It is further averred in the writ petition that on 01/12/2016, a corrigendum to the detention order was passed by substituting the word "gambler" in place of the word "goonda" and in the corrigendum issued in Kannada also, the same has been stated. Annexure "E" is the corrigendum order in Kannada, while English translation is at Annexure "F".

    That on 25/11/2016, the second respondent who passed the order of detention forwarded the order along with the relevant documents to the State Government and the State Government has approved the order of detention on 05/12/2016 vide Annexure "G". That after receipt of the opinion from the State Advisory Board on 26/12/2016, the State Government has confirmed the order of detention dated 25/11/2016 and has extended the period of detention for a period of twelve months from the date of detention vide Annexure "H". Being aggrieved by the order of detention, the approval thereof and the subsequent confirmation of the order of detention by the State Government, this writ petition has been preferred by the detenue's wife raising several grounds.

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