Karnataka HC cites violation of fundamental rights, orders release of man detained under the Goonda Act | Bengaluru News

BENGALURU: Pointing out the violation of the fundamental rights guaranteed under Article 22(5) of the Constitution, the Karnataka high court has ordered for the release of one Shivaraj alias Kulla Shivaraj, a resident of Bengaluru city.
He was detained in December last year, by invoking the provisions of Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum–Grabbers and Video or Audio Pirates Act, 1985, popularly known as the Goonda Act.
Both Shivaraj and his wife Kamala had challenged the detention, claiming that the representation submitted by the detenue on January 4,2022 was not considered at all.
They further alleged that a police inspector, against whom Shivaraj had submitted q complaint before State Human Rights Commission,was instrumental in filing of seven criminal cases and also detention under the Goonda Act.
A division bench comprising Justices B Veerappa and KS Hemalekha,after perusing the records placed before the court, noted that the representation given by Shivaraj on January 4,2022 was well within the knowledge of the authorities from January 10, 2022.
The bench added that the consideration of the representation on June 28,2022( it was rejected) after lapse of 168 days is in violation of Article 22(5) of the Constitution of India and the detaining authority cannot plead ignorance
“As the proverb goes, “use it or lose it” like unused knowledge becomes a burden, unused time dies, “what is not used, is abused”, the bench further noted in their order.
The senior superintendent central prison, Bengaluru has been directed to release Shivaraj forthwith, if he
is not required in any other case.

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