Habeas corpus petition challenging a preventive detention order, government sanction and confirmation. Respondents stated the detention term had elapsed, rendering the petition infructuous; recording this submission, the High Court dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:13330-DB WPHC No. 92 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF APRIL, 2024
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
W.P.H.C NO. 92 OF 2023
BETWEEN:
SRI. SHIVAKUMAR S/O RAMAIAH AGED ABOUT 42 YEARS R/AT NO.55, NEAR WARD OFFICE KEMPEGOWDANAGAR SLUM GOVINDAPURAM EXTENSION
BANGALORE-560 019 …PETITIONER
(BY SHRI. R. RANGANATH REDDY, ADVOCATE)
AND:
Digitally signed by MADHUSHREE H Location: High Court of Karnataka
(BY SHRI. M.V. ANOOP KUMAR, HCGP)
THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS AND TO DECLARE THE DETENTION OF THE DETENUE BY ORDER BEARING NO.05/CRM(4)/DTN/2023 DATED 29.03.2023 VIDE ANNEXURE-A, GOVERNMENT SANCTION NO.HD 187 SST 2023 DATED 05.04.2023 VIDE ANNEXURE-C AND GOVERNMENT CONFIRMATION ORDER NO.HD 187 SST 2023 DATED 18.04.2023 ANNEXURE-D AS ILLEGAL AND VOID AND THE SET THE DETENU AT LIBERTY AND ETC.
THIS WPHC, COMING ON FOR ORDERS, THIS DAY, ANU SIVARAMAN J., MADE THE FOLLOWING:
ORDER
It is submitted by the learned counsel appearing for
the respondents that the term of the preventive detention ordered by the respondents has elapsed and that the writ petition is therefore rendered infructuous.
infructuous .
Sd/JUDGE
Sd/JUDGE
MH/List No.: 1 Sl No.: 4
1 issue framed by the court
Whether the preventive detention of the detenue under the detention order dated 29.03.2023 was illegal and the detenue entitled to be set at liberty.
1 provisions across 1 enactments
SHIVAKUMAR S/O RAMAIAH
STATE OF KARNATAKA BY ITS UNDER SECRETARY LAW AND ORDER DEPARTMENT
THE COMMISSIONER OF POLICE BANGALORE CITY
THE SUPERINTENDENT BANGALORE CENTRAL PRISON PARAPPANA AGRAHARA
ANU SIVARAMAN
ANANT RAMANATH HEGDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
