The Karnataka High Court has quashed the detention of Dilshad, a resident of Kalavara in Udupi district, under the Karnataka Prevention of Dangerous Activities of Bootleggers, Drugs Offenders, Gamblers, Goondas, Immoral Traffic Offences and Slum-Grabbers Act, 1985, citing non-application of mind by the detaining authority.
Court's Observations
A division bench comprising Justices Anu Sivaraman and Tara Vitasta Ganju observed that the detaining authority failed to notice that in a majority of cases, the detainee was either acquitted or a compromise had taken place. This indicated non-application of mind while recording its satisfaction.
Details of the Case
Dilshad challenged the July 10, 2025, detention order passed by the deputy commissioner and the July 17, 2025, confirmation order by the state government. The bench noted that out of 17 cases against him, he was acquitted in more than 50%, three ended in compromise, and four were still under investigation. The majority of offences related to theft of jersey cows and illegal transportation of cattle.
The detention order stated that Dilshad was detained in the Central Prison, Mysuru, without specifying any ground under Section 2 of the Act regarding the type of offence committed. The state's statement of objections did not deny that the detention order failed to set out the relevant provision.
Legal Precedent
Citing the Supreme Court judgment in Mortuza Hussain Choudhary vs State of Nagaland and Others, the bench emphasized that the detaining authority's satisfaction must be based on application of mind and cannot be a casual reference or bald recital. Consequently, the court allowed Dilshad's petition, which alleged illegal detention.
