High Court releases man from Goonda Act detention

NT Correspondent

Bengaluru: The High Court has released a person detained under the Goonda Act after observing that the Deputy Commissioner and District Magistrate of Udupi have not strictly followed the procedures under the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immortal Traffic Offenders, Slum Grabbers and video or Audio pirates Act.

“The detaining authority that is the learned District Magistrate, Udupi, did not strictly follow the procedures prescribed under Section 8 of the Act, while issuing detention order under Section 3(2) of the Act, for the reasons narrated above.

“Hence, the said detention order and correspondingly approval order passed by the State Government are not in accordance with the law and needs to be quashed,” the Division Bench of Justice K Somashekar and Justice Umesh M Adiga said in their recent judgement.

Syed Abdul Madani, a resident of Udupi had approached the HC with a habeas corpus petition stating that his brother Abdul Khader, a resident of Athady village was in illegal detention.

The order of detention against Khader was passed by the Deputy Commissioner and District Magistrate, Udupi on April 11, 2023. On the same day it was submitted to the State Government for confirmation under the Act. The State Government passed an order on April 19, confirming the detention.

In the HC, the counsel for Madani argued that as per procedure the District Magistrate’s order had to be intimated to the detune who has the right to give a representation. Only after this the District Magistrate can forward it to the State Government for approval.

“Therefore, the learned District Magistrate has not complied with the mandatory requirement of the Act to inform the detenue about his right to give the representation to him for reviewing the order of detention,” the HC was informed.

The Government counsel submitted that Khader was a habitual offender and involved in several criminal offences like murder, attempt to murder, extortion, assault, attacking the people with dangerous weapon etc., since 1995.

There were four criminal cases registered against him in the police station of Hiriyadka, Piriyadka, Manipal, Kundapura and Udupi town for various offences. Therefore the detention order against him was issued.

The HC in its judgement noted that, “Admittedly, in this case, the District Magistrate has not followed mandatory provision of intimating the detenue of his right to give the representation to him before detention order passed by him was approved by the State Government.” (WPHC 51/2023)