Sunday, September 25, 2011

'Goondas' can be held under preventive detention law: SC

New Delhi: 'Goondas' and anti-social elements who jump bail and indulge in fresh criminal activities can be detained under the preventive detention ordinance, the Supreme Court has ruled.

A bench of justices P Sathasivam and B S Chauhan also held that there is no Constitutional obligation for the government to hear the accused before confirming the order of detention, though the detaining authority may consider the representation after passing the order.

"It is the subjective satisfaction of the detaining authority that in spite of his continuous activities causing threat to maintenance of public order, he was getting bail one after another and indulging in the same activities.

"There is no constitutional mandate under Clause (5) of Article 22, much less any statutory requirement to consider the representation before confirming the order of detention," Justice Sathasivam, writing the judgement, observed.

The apex court passed the judgement while dismissing the appeal filed by D M Nagaraja, who was allegedly involved in several criminal activities.

The Karnataka High Court had dismissed his petition against the detention order dated September 22, 2010 passed by the Commissioner of Police, Bangalore City, under Section 2(g) of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1985 for one year.

Nagaraja took the plea that the detention was illegal and violated his Fundamental Right as his representation from the prison was not considered by the authorities before passing the order of detention.

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