Accused detained under Goonda Act ordered to be released

NT Correspondent

Bengaluru: A 26-year-old detained under the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers and also Video and Audio Pirates (Goonda Act) has been ordered to be released by the High Court of Karnataka. The HC found that his representation was not considered by the authorities within reasonable time.

Manjula N, a resident of Kamakshipalya, Bengaluru had approached the High Court with a habeas corpus petition alleging that her husband Sanjay L was illegally detained by the police. Sanjay was detained by an order dated September 23, 2022. On September 30 of the same year, the State Government passed an order under the Goonda Act confirming his detention.

Sanjay is allegedly accused in ten criminal cases registered between 2015 and 2022. After his detention, Sanjay submitted a representation on October 12, 2022. The Advisory Board under the Act submitted a report on November 2, 2022 and based on it his detention was confirmed for a period of one year.

Subsequently, his representation was rejected on November 15. In the High Court, the counsel for Manjula submitted that there was unexplained delay in considering the representation made by her husband. The delay was also not explained in the statement of objections filed by the police before the HC.

The HC bench of Justice Alok Aradhe and Justice Vijaykumar A Patil said that “After expiry of 15 days from the date of confirmation of date of detention and after more than a month from the date of submission of the representation submitted by the detenue was rejected on 15.11.2022.

In the facts of the case, in our considered opinion there is an inordinate delay in deciding the representation submitted by the detenue. It is noteworthy that the aforesaid delay in deciding the representation has not been explained in the statement of objection by the state Government.” The HC said that this makes the representation made by Sanjay vitiated in law.

Ordering the release of Sanjay, the HC said, “For the aforementioned reasons, the order dated 23.09.2022, 20.9.2022 and the order dated 05.11.2022 are hereby quashed. We direct that the detenue Sanjay alias Sanju be set at liberty forthwith by the Bengaluru Central Prison, if he is not required in connection with any other case.”