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HC: Detention can't go beyond 3 months HC: Detention can't go beyond 3 months

Jun-08-2015 | 0 Comments

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BENGALURU: Observing that a person's detention under the Goonda Act cannot be extended beyond three months at one go, the Karnataka high court has ordered the release of a Viveknagar resident, accused of anti-social activities and jailed under the act.

A division bench headed by Justice Vineet Saran has said that extending detention for 12 months at the first instance would be against the spirit of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug offenders, Gamblers and Goondas (Immoral Traffic Offenders, Slum-Grabbers and Video or Audio Pirates) Act, 1985.

"The proviso (sub-section 2 of section 3 of the act) clearly provides that extension can be granted for a period not exceeding three months in one go and the total period of extension can be up to 12 months," the bench observed in its June 1 order. It quashed the detention as well as the confirmation orders passed in respect of Ivin Kumar.

The bench also noted that the detention order was vague as it only mentioned that Ivin had violated the bail conditions without specifying how or in which case.

"The detenue would be handicapped while giving a reply without there being specific details of the cases (in the detention order)," the bench added.

Ivin's wife Martina Mala had filed a habeas corpus challenging the September 10, 2014 detention order issued by the Bengaluru police commissioner and the October 21,2014 confirmation order issued by the home department. She had claimed that Ivin was under illegal detention as the authorities could not have extended his detention up to 12 months at the first instance itself.

However, police had defended the detention saying the use of maximum available time at one go would not make the detention order illegal.

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