Supreme Court - Daily Orders
Basavarajayya Swamy Through Wife vs State Of Karnataka on 5 April, 2016
Bench: Madan B. Lokur, N.V. Ramana
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.267 OF 2016
(Arising out of SLP(Crl.) No.1913 of 2016
BASAVARAJAYYA SWAMY THROUGH WIFE ... APPELLANT(S)
VERSUS
STATE OF KARNATAKA AND ORS ... RESPONDENT(S)
O R D E R
Leave granted.
The appellant was preventively detained by an order dated 7th July, 2015 for a period of three months under the provisions of Section 3 of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers and Video or Audio Pirates Act, 1985 (for short “the Karnataka Act”) on the allegation that he is a habitual offender actively involved in 'Matka' offences whereby he abets people in gambling and, thereafter, deceives them, as a result of which he has become a threat to the prevailing public peace and order. Signature Not Verified
The order of detention, as mentioned above, was Digitally signed by SANJAY KUMAR Date: 2016.04.06 10:19:04 IST Reason: passed for a period of three months from the date of detention.
2Subsequently, on 20th August, 2015, an order was passed by the Under Secretary (Admn) Internal Administration Department (L&O), as per the orders of and in the name of Hon'ble Governor of Karnataka, apparently on the opinion of the Advisory Board that there are enough reasons to keep the appellant in custody. Accordingly, on the basis of the opinion given and in exercise of powers conferred by Sections 12(1) and 13 of the Karnataka Act, the period of detention of the appellant was “hereby extended for next 12 months” subject to the condition that it be renewed every three months as per the directions of this Court.
A reading of the order passed on 20 th August, 2015 indicates that the detention of the appellant was confirmed for a period of twelve months. However, it was to be renewed every three months in view of certain directions of this Court.
Learned counsel for the appellant has drawn our attention to Cherukuri Mani w/o Narendra Chowdari Vs. Chief Secretary, Government of Andhra Pradesh & Ors. [AIR 2014 SC 2090] wherein a similar provision was considered by this Court in respect of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short “the Andhra Act”). This 3 Court categorically held that in a situation such as the present and keeping in view the proviso to Section 3(2) of the Andhra Act, which is in pari materia with the Karnataka Act, the order of detention can, in the first instance, be enforced for a period of three months only. Thereafter, the Government can extend the period of detention beyond three months. However, such extension cannot be for a period exceeding three months at a time and the total cannot exceed twelve months. It was held that if the Government intends to preventively detain an individual under the statute for a maximum period of twelve months, there must be an initial order of detention for a period of three months and at least three orders of extension for a period not exceeding three months each.
Insofar as the present case is concerned, the detention of the appellant has been extended directly for a period of twelve months and not for a period of three months followed by subsequent orders of extension for three months each.
In view of the decision of this Court in Cherukuri Mani w/o Narendra Chowdari (supra), there is no doubt that the order of preventive detention of the appellant stands vitiated.
Consequently, the preventive detention of the appellant is set aside and he is directed to be released 4 forthwith unless he is required to be detained in some other case.
The appeal is allowed.
.............................J. (MADAN B. LOKUR) .............................J. (N.V. RAMANA) NEW DELHI APRIL 05, 2016 5 ITEM NO.25 COURT NO.8 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).1913/2016 (Arising out of impugned final judgment and order dated 04/12/2015 in WPC No. 200012/2015 passed by the High Court of Karnataka at Kalaburagi) BASAVARAJAYYA SWAMY THROUGH WIFE Petitioner(s) VERSUS STATE OF KARNATAKA AND ORS Respondent(s) (with interim relief and office report) Date : 05/04/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. Basava Prabhu S. Patil, Sr. Adv.
Mr. Anirudh Sanganeria, Adv.
Mr. Chinmay Deshpande, Adv.
Mr. Amjeed Makbool, Adv.
Mr. Purushottam Sharma Tripathi, AOR For Respondent(s) Mr. V. N. Raghupathy, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The preventive detention of the appellant is set aside and he is directed to be released forthwith unless he is required to be detained in some other case.
The appeal is allowed in terms of the signed order.
(SANJAY KUMAR-I) (MADHU NARULA)
AR-CUM-PS COURT MASTER
(Signed order is placed on the file)