Karnataka High Court
M A Ellyas vs The State Of Karnataka on 14 August, 2014
Bench: K.L.Manjunath, A.V.Chandrashekara
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 14TH DAY OF AUGUST, 2014
PRESENT
THE HON'BLE MR.JUSTICE K.L.MANJUNATH
AND
THE HON'BLE MR.JUSTICE A.V.CHANDRASHEKARA
WPHC. No.57/2014
BETWEEN
M A ELLYAS
S/O P M ABDUL RAHIMAN
AGED ABOUT 28 YEARS
R/AT 5/100/A, MADYAR PANNER HOUSE
KOTEKAR POST
MANGALORE TALUK
DAKSHINA KANNADA-575022
... PETITIONER
(By Sri: DINESH KUMAR K RAO, ADV.)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF HOME
VIDHANA SOUDHA
BANGALORE-560001
2. THE COMMISSIONER OF POLICE
MANGALORE CITY
DAKSHINA KANNADA DISTRICT-575001
3. THE SUPERINTENDENT OF PRISON
CENTRAL PRISON
2
BELLARY DISTRICT
BELLARY-585101
4. THE SUPERINTENDENT OF PRISON
DISTRICT PRISON
MANGALORE
D K DISTRICT-575001
... RESPONDENTS
(By SRI: B. VEERAPPA, AGA)
WPHC UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA IS FILED BY THE ADVOCATE FOR
THE PETITIONER PRAYS THAT THE HON'BLE HIGH COURT BE
PLEASED TO ISSUE A WRIT IN THE NATURE OF CERTIORARI
BY QUASHING OF THE ORDER OF DETENTION DATED
03.02.2014 PASSED BY RESPONDENT NO.2 IN
NO.33/MAG/COP/2014 PRODUCED AT ANNEXURE-A AND
ANNEXURE-A1, A WRIT IN THE NATURE OF CERTIORARI BY
DETENTION CONFIRMATION ORDER DATED 07.02.2014
PASSED BY THE RESPONDENT NO.1 IN H.D.51 SST 2014
PRODUCED AT ANNEXURE-C AND A WRIT IN THE NATURE OF
HABEAS CORPUS DIRECTING THE RESPONDENTS TO SET THE
DETENUE U.S.ELLYAS S/O U.S. ISMAIL AT LIBERTY BY
RELEASING HIM FROM PRISON FORTHWITH.
THIS WPHC COMING ON FOR ORDERS, THIS DAY,
K.L.MANJUNATH, J., MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the parties.
2. The petitioner has challenged the order of detention passed by the Commissioner of Police, Mangalore City in 33/MAG/COP/2014 dated 3.2.2014 3 vide Annexure-A and A-1 wherein one U.S.Ilyas, s/o U.S.Ismayil is ordered to be detained under the provisions of Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act. Later, the detenue was also produced before the Advisory Board. The Advisory Board has concurred with the order of detention. Thereafter, the State Government has passed the confirmation order on 7.2.2014 vide Annexure-C. Therefore, the present petition is filed.
3. Though several grounds are urged in the petition, at the time arguments, the only point raised by the petitioner counsel is that the copies of the documents served upon the detenue by the detaining authority are not legible. On account of the same, the detenue could not make proper representation before the Advisory Board. In the circumstances, the learned 4 counsel for the petitioner relying upon the judgment of Hon'ble Supreme Court in the case of Bhupinder Singh v. Union of India and others reported in (1987) 2 SCC 234 contends that on account of supplying of illegible copies of documents, the detenue is handicap to make proper representation and hence, the detenue has to be released forthwith.
4. The learned Government Advocate Sri.Veerappa has made his sincere efforts to defend the case of the respondents. But, we are unable to accept his contention, since most of the pages of the documents produced are not legible.
5. We have perused the copies of the documents supplied by the detaining authority on the detenue. On perusal of the documents served upon the detenue, we are of the view that most of the pages are not legible. On account of the same, the detenue was unable to make 5 proper representation before the Advisory Board to defend his case. Following the judgment of the Hon'ble Supreme Court, the writ petition has to be allowed.
ORDER The petition is allowed.
The order of detention passed by the Commissioner of Police, Mangalore City in 33/MAG/COP/2014 dated 3.2.2014 vide Annexure-A and A-1 and confirmation of the said detention order passed by respondent No.1 dated 7.2.2014 vide Annexure-C are hereby quashed. Accordingly, writ of Habeas Corpus is issued directing the respondents to set the detenue at liberty to be released from prison.
The respondent No.3-Superintendent of Prison, Central Prison, Bellary District is hereby directed to release the Detenue i.e., U.S.Ilyas, aged 27 years, s/o U.S.Ismayil, R/at Door No.18/81-41, Samshad Manzil, Near Badriya Masjid, Sundari Bagh, Masthikatte, Ullala, 6 Mangalore forthwith if he is not otherwise required in any other matter.
Registry is directed to fax the operative portion of the order to the Superintendent of Prison, Central Prison, Bellary District for immediate action.
Sd/-
JUDGE Sd/-
JUDGE DM*