Dharmaraj N Satpatii S/O Nijappa … vs The Commissioner Of Police on 21 May, 2026

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    Karnataka High Court

    Dharmaraj N Satpatii S/O Nijappa … vs The Commissioner Of Police on 21 May, 2026

    Author: H.T.Narendra Prasad

    Bench: H.T.Narendra Prasad

                                                       1        W.P.NO.100481/2026
    
    
    
    
                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
    
                                    DATED THIS THE 21st DAY OF MAY 2026
    
                                                  BEFORE
    
                             THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
    
                                                     AND
    
                                THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
    
                                WRIT PETITION NO.100481 OF 2026 (GM-RES)
    
    
                          IN W.P. NO. 100481 OF 2026:
    
                          BETWEEN
    
                          DHARMARAJ N. SATPATII
                          S/O. NIJAPPA SATPATII,
                          AGED: 48 YEARS,
                          OCC: BUSINESS,
                          RESIDING AT: NO.104,
                          SADASHIV NAGAR,
                          OLD HUBBALLI,
                          HUBBALLI,
                          DIST: DHARWAD - 580 024.
                                                                   ... PETITIONER
    
                          (BY SRI. MOT GOURISHANKAR HARISHCHANDRA, ADV.)
    
    
    Digitally signed by
    CHANABASAPPA          AND
    K KALLUR
    Location: High
    Court of
    Karnataka,            1. THE COMMISSIONER OF POLICE
    Dharwad Bench
                             AND ADDL. DIST MAGISTRATE
                             HUBBALLI - DHARWAD CITY,
                             HUBBALLI - 580 025.
    
                          2. GOVT. OF KARNATAKA,
                             BY SECRETARY HOME DEPT,
                             VIDHANASOUDHA,
                                      2                   W.P.NO.100481/2026
    
    
    
    
         BANGALORE - 560 001.
    
    3. SUPERINTENDENT OF PRISON
       CENTRAL PRISON, SAIDAPUR,
       DHARWAD - 580 008.
                                                         ... RESPONDENTS
    
    (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1 TO R3)
    
          THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
    THE    CONSTITUTION    OF   INDIA          PRAYING    TO,   WRIT    OF
    CERTIORARI     THE   DETENTION        OF    SAGAR     LAKKUNDI,    S/O
    BASAVARAJA      LAKKUNDI,        BY        ORDER      NO.     CP/MAG-
    2/HD/09/2025-26 DATED 02.06.2025 (ANNEXURE A AND B)
    PASSED    BY   RESPONDENT    NO.1          AND   APPROVED     BY   THE
    RESPONDENT NO.2 BY ORDER NO. HD 290 SST 2025 DATED
    09.06.2025     (ANNEXURE    C)       AND     CONFIRMED       BY    THE
    RESPONDENT NO.2 BY ORDER NO. HD 290 SST 2025 DATED
    18.07.2025 (ANNEXURE D) AS ILLEGAL AND VOID AB INITIO.
    TO    PASS SUCH OTHER ORDER OR ORDERS DECLARING THE
    ORDER OF DETENTION, THE ORDER OF APPROVAL AND THE
    ORDER OF CONFIRMATION, AS ILLEGAL AND AB INITIO VOID.
    TO PASS SUCH OTHER ORDERS INCLUDING RELEASE OF THE
    DETENU FORTHWITH. TO AWARD COSTS.
    
    
          THIS PETITION HAVING BEEN HEARD AND RESERVED FOR
    JUDGMENT ON 19.05.2026, COMING ON FOR PRONOUNCEMENT,
    THIS DAY, VIJAYKUMAR A. PATIL J., MADE THE FOLLOWING:
    
    
    CORAM:    THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
               AND
               THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
                                      3               W.P.NO.100481/2026
    
    
    
    
                            CAV JUDGMENT
    

    (PER: THE HON’BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

    This writ petition is filed by a relative of the detenue

    SPONSORED

    seeking a writ in the nature of Certiorari by quashing the

    detention order dated 02.06.2025 in No.CP/MAG-

    2/HD/09/2025-26 by the respondent No.1 approved by the

    respondent No.2 by order dated 09.06.2025 and the

    confirmation by the respondent No.2 dated 18.07.2025,

    and further prayer to issue a Writ of Habeas Corpus

    directing the respondents to set the detenue at liberty by

    releasing him from prison.

    2. Brief facts leading to the filing of this petition are

    that, the detenue has been detained pursuant to the Order

    of Detention passed by the respondent No.1 against the

    detenue on 02.06.2025 under Section 2(g) of the Karnataka

    Prevention of Dangerous Activities, Bootleggers, Drug

    Offenders, Gamblers, Goondas, Immoral Trafficking

    Offenders, Slum Grabbers and Video or Audio Pirates Act,

    1985 (hereinafter referred to as ‘the Goondas Act‘) for

    being a habitual offender and repeatedly undertaking
    4 W.P.NO.100481/2026

    activities punishable under various provisions of the Indian

    Penal Code, 1860 (for short ‘IPC‘) and Bharatiya Nyaya

    Sanhita, 2023 (for short ‘BNS’) and in order to prevent him

    from further engaging in activities prejudicial to the

    maintenance of public order. The said order was approved

    by the respondent No.2 on 09.06.2025 and the same was

    confirmed by the respondent No.2 on 18.07.2025. Being

    aggrieved by the said order of detention, order of approval,

    and the consequential confirmation of the said order, this

    petition is filed.

    3. Sri. Gourishankar H. Mot, learned counsel

    appearing for the petitioner, submits that the orders under

    challenge are liable to be set aside solely on the ground

    that some of the documents furnished to the detenue are in

    English language and, as per the detention order, the

    detenue has studied till second standard in Kannada

    medium and is able to read only Kannada language. It is

    further submitted that non-furnishing of translated copies of

    the documents vitiates the detention order. It is also

    submitted that some of the documents furnished are
    5 W.P.NO.100481/2026

    illegible, which violate the right guaranteed to the detenue

    under Article 22(5) of the Constitution of India to give

    effective representation. It is also submitted that there is

    no application of mind by the authorities in passing the

    impugned orders. It is contended that the detention order is

    vague, passed on irrelevant consideration. Hence, he seeks

    to allow the petition. It is further contended that that above

    writ petition challenging the detention order was filed on

    19.01.2026 and the State has unnecessarily sought

    adjournments which has resulted in delay in considering the

    petition. Hence, he insists to pass the orders immediately,

    otherwise the writ petition would render infructuous.

    Hence, he seeks to allow the petition and set the detenue

    free.

    4. Learned Additional Government Advocate

    appearing for the respondent-State submits that the order

    of detention has been passed after following all procedural

    requirements and arriving at subjective satisfaction. It is

    submitted that the detenue has been a habitual offender

    with eight cases registered against him under various
    6 W.P.NO.100481/2026

    provisions of IPC and BNS. It is further submitted that the

    detenue consistently engaged in the illegal activities and

    caused public disorder and to prevent the same, the said

    order of detention was passed. Hence, he seeks to dismiss

    the petition.

    5. We have heard the learned counsel appearing for

    the petitioner and the learned AGA appearing for the

    respondents-State and perused the material available on

    record. Having given our anxious consideration to the

    submissions advanced on both sides and the material

    available on record, the point that arises for consideration

    in this petition is,

    “Whether the impugned order of detention
    dated 02.06.2025 passed by the respondent
    No.1, the approval order dated 09.06.2025 and
    confirmation order dated 18.07.2025 by the
    respondent No.2 are sustainable under law?”

    6. To appreciate the case on hand, it would be

    useful to refer to the relevant provisions of the Goonda Act

    and they are extracted as under for ready reference:
    7 W.P.NO.100481/2026

    “3. Power to make orders detaining certain
    persons.- (1) The State Government may, if satisfied
    with respect to any bootlegger or drug-offender or
    gambler or goonda or [Immoral Traffic Offender or
    Slum-Grabber or Video or Audio pirate] that with a
    view to prevent him from acting in any manner
    prejudicial to the maintenance of public order, it is
    necessary so to do, make an order directing that
    such persons be detained.

    (2) If, having regard to the circumstances
    prevailing or likely to prevail in any area within the
    local limits of the jurisdiction of a District Magistrate
    or a Commissioner of Police, the State Government
    is satisfied that it is necessary so to do, it may, by
    order in writing, direct that during such period as
    may be specified in the order, such District
    Magistrate or Commissioner of Police may also, if
    satisfied as provided in sub-section (1), exercise the
    powers conferred by the sub-section :

    Provided that the period specified in the order
    made by the State Government under this sub-
    section shall not, in the first instance, exceed three
    months, but the State Government may, if satisfied
    as aforesaid that it is necessary so to do, amend
    such order to extend such period from time to time
    by any period not exceeding three months at any
    one time.

    (3) When any order is made under this section
    by an officer mentioned in sub-section (2), he shall
    forthwith report the fact to the State Government
    8 W.P.NO.100481/2026

    together with the grounds on which the order has
    been made and such other particulars as, in his
    opinion, have a bearing on the matter and no such
    order shall remain in force for more than twelve
    days after the making thereof, unless, in the
    meantime, it has been approved by the State
    Government.

    8. Grounds of order of detention to be disclosed to
    persons affected by the order.-

    (1) When a person is detained in pursuance of
    a detention order, the authority making the order
    shall, as soon as may be, but not later than five days
    from the date of detention, communicate to him the
    grounds on which the order has been made and shall
    afford him the earliest opportunity of making a
    representation against the order to the State
    Government.

    (2) Nothing in sub-section (1) shall require the
    authority to disclose facts which it considers to be
    against the public interest to disclose.

    10. Reference to Advisory Board.-

    In every case where a detention order has
    been made under this Act the State Government
    shall within three weeks from the date of detention
    of a person under the order, place before the
    Advisory Board constituted by it under section 9, the
    grounds on which the order has been made and the
    9 W.P.NO.100481/2026

    representation, if any, made against the order, and
    in case where the order has been made by an
    officer, also the report by such officer under sub-
    section (3) of section 3.

    11. Procedure of Advisory Board.-

    (1) The Advisory Board shall after considering
    the materials placed before it and, after calling for
    such further information as it may deem necessary
    from the State Government or from any person
    called for the purpose through the State Government
    or from the person concerned, and if, in any
    particular case, the Advisory Board considers it
    essential so to do or if the person concerned desire
    to be heard, after hearing him in person, submit its
    report to the State Government, within seven weeks
    from the date of detention of the person concerned.

    (2) The report of the Advisory Board shall
    specify in a separate part thereof the opinion of the
    Advisory Board as to whether or not there is
    sufficient cause for the detention of the person
    concerned.

    (3) When there is a difference of opinion
    among the members forming the Advisory Board,
    the opinion of the majority of such members shall be
    deemed to be the opinion of the Board.

    10 W.P.NO.100481/2026

    (4) The proceedings of the Advisory Board and
    its report, excepting that part of the report in which
    the opinion of the Advisory Board is specified, shall
    be confidential.

    (5) Nothing in this section shall entitle any
    person against whom a detention order has been
    made to appear by any legal practitioner in any
    matter connected with the reference to the Advisory
    Board.

    13. Maximum period of detention.-

    The maximum period for which any person
    may be detained, in pursuance of any detention
    order made under this Act which has been confirmed
    under section 12 shall be twelve months from the
    date of detention.”

    7. A bare reading of the aforesaid Sections

    indicates that the State Government may, if satisfied with

    respect to any “Goonda” as defined under Section 2(g) of

    the Goonda Act, with a view to prevent him from acting in

    any manner prejudicial to the maintenance of public order,

    pass an order directing such a person to be detained. Sub-

    section (2) of Section 3 of the Goonda Act empowers the

    District Magistrate or the Commissioner of Police to exercise
    11 W.P.NO.100481/2026

    the powers conferred under sub-Section (1) of Section 3 of

    the Goonda Act. Sub-section (3) of Section 3 of the

    Goonda Act mandates that if the order is passed by the

    Officer under sub-Section (2) of Section 3 of the Goonda

    Act, he shall forthwith report the fact to the State

    Government along with the grounds on which the order has

    been made. The order made by the Officer under

    sub-Section (2) shall remain in force for 12 days unless in

    the meantime, the State Government approves it. Section

    8 of the Goonda Act mandates that the grounds of

    detention are required to be served on the detenue within

    five days from the date of detention and shall offer him the

    earliest opportunity of making a representation against the

    order to the State Government. Section 10 of the Goonda

    Act mandates that the order of detention made under the

    Goonda Act shall be placed before the Advisory Board

    within a period of three weeks from the date of detention

    order by the State Government along with grounds on

    which the order has been made and representation, if any,

    made against the order. Section 11 of the Goonda Act
    12 W.P.NO.100481/2026

    provides the procedure to be followed by the Advisory

    Board. The Advisory Board is empowered to consider

    providing personal hearing to the detenue and thereafter

    submit a report to the State Government within seven

    weeks from the date of detention of the person concerned.

    The Advisory Board is required to forward its opinion as to

    whether or not there is sufficient cause for the detention of

    the person concerned. The opinion of the Advisory Board is

    confidential. Section 13 of the Goonda Act indicates that

    the maximum period for detention is twelve months from

    the date of detention.

    8. The impugned detention order dated 02.06.2025

    is passed by the respondent No.1 by recording the reason

    that the detenue is aged about 28 years, a Gowndi by

    occupation, and a resident of Sadashivnagar, Old Hubballi,

    and he is rowdy-sheeter in Old Hubballi Police Station, and

    is involved in criminal cases including attempt to murder,

    assault and other criminal activities and he has created fear

    in the minds of the people. To arrive at such a conclusion,

    the authority placed reliance on the following cases;
    13 W.P.NO.100481/2026

    (a) Crime No.37/2019 registered by the Old

    Hubballi Police Station for the offences

    punishable under Sections 323, 324, 341, 504,

    506 r/w 34 of IPC.

    (b) Crime No.123/2020 registered by the Old

    Hubbali Police Station for the offences

    punishable under Sections 143, 147, 148, 323,

    341, 307, 504, and 149 of IPC.

    (c) Crime No.105/2021 registered by the Old

    Hubballi Police Station for the offences

    punishable under Sections 41(1)(d), 102 of

    Cr.P.C., and Section 379 of IPC.

    (d) Crime No.39/2022 registered by the Old

    Hubballi Police Station for the offences

    punishable under Sections 143, 147, 324, 504,

    506 and 149 of IPC.

    (e) Crime No.140/2022 registered by the Old

    Hubballi Police Station for the offences

    punishable under Sections 341, 323, 324, 504,

    506 r/w 34 of IPC.

    14 W.P.NO.100481/2026

    (f) Crime No.247/2024 registered by the Old

    Hubballi Police Station for the offences

    punishable under Sections 109, 115(2),

    118(1), 352, 351(2), 351(3) of BNS 2023.

    (g) Crime No.277/2024 registered by the Old

    Hubballi Police Station for the offences

    punishable under Sections 79, 109 and 190 of

    BNS 2023.

    (h) Crime No.42/2025 registered by the Old

    Hubballi Police Station for the offences

    punishable under Sections 109, 115(2),

    118(1), 126(2), 352, 351(2), 351(3) and 190

    of BNS 2023.

    9. The grounds of detention make a reference with

    regard to the registration of eight cases referred supra

    against the detenue from 2019 to 2025. The detaining

    authority as well as the approving and confirming authority

    have come to the satisfaction that the detenue is a habitual

    offender and his activities have caused breach of public
    15 W.P.NO.100481/2026

    order and that he cannot be prevented under ordinary law

    of land and hence, proceeded to pass the impugned orders.

    10. In the light of the legal position referred supra as

    well as the grounds of detention and the contentions

    advanced on both sides, we are of the view that the order

    of detention, approval and confirmation is required to be

    tested by considering the primary contention of the

    petitioner that the respondents-authorities have failed to

    furnish the relied documents to the detenue in a language

    known to the detenue and also that they were required to

    furnish the legible copies to enable him to submit effective

    representation to the authorities.

    11. We have perused the documents relied by the

    detaining authority while arriving its satisfaction as well as

    the approving and confirmation authority. It is noticed that

    some of the relied documents in the documents furnished to

    the detenue are in English language and no translated

    copies were made available to him. The order of detention

    as well as grounds of detention makes a clear reference

    that the detenue has studied upto second standard in
    16 W.P.NO.100481/2026

    Kannada medium and he is able to read only Kannada

    language. We have also noticed that some of the

    documents served on the detenue which were relied by the

    detaining authority were illegible. We have also perused the

    statement of objections filed by the respondent-State and it

    has failed to substantiate the said contentions by rebutting

    the same in their statement of objections or by placing any

    material to that effect. Therefore, non-furnishing of relied

    document in the language known to the detenue and

    submitting of illegible copies affects the right of the detenue

    to submit an effective representation, which is a

    fundamental right guaranteed under Article 22(5) of the

    Constitution of India.

    12. It would be useful to refer to the decision of the

    Hon’ble Supreme Court in the case of Harikisan Vs. State

    of Maharashtra1

    “8. We do not agree with the High Court in its
    conclusion that in every case communication of the
    grounds of detention in English, so long as it continues

    1
    1962 SCC Online 117
    17 W.P.NO.100481/2026

    to be the official language of the State, is enough
    compliance with the requirements of the Constitution.
    If the detained person is conversant with the English
    language, he will naturally be in a position to
    understand the gravamen of the charge against him
    and the facts and circumstances on which the order of
    detention is based. But to a person who is not so
    conversant with the English language, in order to
    satisfy the requirements of the Constitution, the
    detenue must be given the grounds in a language
    which he can understand, and in a script which he can
    read, if he is a literate person.

    9. The Constitution has guaranteed freedom of
    movement throughout the territory of India and has
    laid down detailed rules as to arrest and detention. It
    has also, by way of limitations upon the freedom of
    personal liberty, recognised the right of the State to
    legislate for preventive detention, subject to certain
    safeguards in favour of the detained person, as laid
    down in
    clauses (4) and (5) of Article 22. One of those
    safeguards is that the detained person has the right to
    be communicated the grounds on which the order of
    detention has been made against him, in order that he
    may be able to make his representation against the
    order of detention. In our opinion, in the
    circumstances of this case, it has not been shown that
    the appellant had the opportunity, which the law
    contemplates in his favour, of making an effective
    18 W.P.NO.100481/2026

    representation against his detention. On this ground
    alone we declare his detention illegal, and set aside
    the Order of the High Court and the Order of
    Detention passed against him.”

    13. It would also be useful refer to the decision of

    the Hon’ble Supreme Court in the case of The State of

    Manipur and Others vs. Buyamayum Abdul Hanan and

    Another2 referred supra, the paragraph No.22 and 23 are

    extracted below for reference:

    “20. What will be the effect of non-supply of legible
    copies of the documents relied upon by the detaining
    authority has been considered by this Court
    in Bhupinder Singh [Bhupinder Singh v. Union of
    India
    , (1987) 2 SCC 234 : 1987 SCC (Cri) 328] as
    under : (SCC pp. 234-35, para 1)

    “1. On 3-10-1985 the officers of the
    Enforcement Directorate searched House No. B.20,
    Gujranwala Town, Part II, Delhi and recovered
    certain quantity of foreign exchange. It appears
    that the petitioner was not immediately available.
    He was called and interrogated. He made a
    statement which was recorded by the officers of the
    Enforcement Directorate. On 19-3-1986 an order
    for detention of the petitioner was made by Shri
    M.L. Wadhawan, Additional Secretary to the
    Government of India, Ministry of Finance,

    2
    (2022) 19 SCC 509
    19 W.P.NO.100481/2026

    Department of Revenue, New Delhi. The petitioner
    was arrested on 16-4-1986 and served with a copy
    of the order of detention. Grounds of detention
    were served on him four days later. On 12-5-1986
    he was produced before the Advisory Board. He
    made a complaint before the Advisory Board that
    the copies of documents which were supplied to
    him alongwith the grounds of detention were not
    legible and he also placed before the Advisory
    Board a copy of a representation said to have been
    made by him for supply of legible copies of
    documents. There is a controversy whether this
    representation was made on 8-5-1986 or 12-5-

    1986. From the original files produced before us we
    find that the representation was typed on 8-5-
    1986, but actually signed by the detenu on 12-5-
    1986. But that would not make any difference for
    the purposes of this case. On 19-5-1986 the
    Under-Secretary to the Government of India
    conceded the demand of the detenu for legible
    copies of documents and directed the Directorate of
    Enforcement to supply a duplicate set of documents
    to the petitioner. A copy of this letter was also sent
    to the detenu and was acknowledged by him on 21-
    5-1986. There is a controversy as regards the date
    on which the legible copies of documents were
    actually given to the detenu. According to the
    detenu they were served on him on 1-7-1986,
    whereas according to the counter-affidavit of Shri
    S.K. Chowdhry, Under-Secretary in the Ministry of
    Finance, the documents were supplied on 21-6-
    1986. It does not make any difference whether the
    documents were supplied on 21-6-1986 or on 1-7-
    1986 since we find that even before legible copies
    of documents were supplied to the detenu, the
    detention order was confirmed on 14-6-1986. The
    detenu was thus clearly denied the opportunity of
    making a representation and there was therefore a
    clear contravention of the right guaranteed by
    Article 22 of the Constitution. The detenu is entitled
    to be set at liberty. We are told that the detenu is
    now on parole. He need not surrender.”and later
    in Manjit Singh Grewal [Manjit Singh
    20 W.P.NO.100481/2026

    Grewal v. Union of India, 1990 Supp SCC 59 : 1990
    SCC (Cri) 608 (2)] as under : (SCC p. 59, para 3)

    “3. It appears that the appellant had asked for
    certain copies of the documents which admittedly
    were there with the respondent–Union of India.
    Copies of the documents were supplied, but the
    same were not legible. This position is also
    apparent. It is not necessary in the facts of this
    case to go into the question whether these
    documents were relevant or material.”

    21. The learned counsel also relied upon the
    judgment of this Court in Union of India v. Ranu
    Bhandari [Union of India
    v. Ranu Bhandari, (2008) 17
    SCC 348 : (2010) 4 SCC (Cri) 543] wherein it was
    held in paras 27 and 31 as under : (SCC pp. 355-56)
    “27. It has also been the consistent view that
    when a detention order is passed all the material
    relied upon by the detaining authority in making
    such an order, must be supplied to the detenu to
    enable him to make an effective representation
    against the detention order in compliance with
    Article 22(5) of the Constitution, irrespective of
    whether he had knowledge of the same or not.
    These have been recognised by this Court as the
    minimum safeguards to ensure that preventive
    detention laws, which are an evil necessity, do not
    become instruments of oppression in the hands of
    the authorities concerned or to avoid criminal
    proceedings which would entail a proper
    investigation.

    28-30.***

    31. Of course, in Radhakrishnan Prabhakaran
    case [Radhakrishnan Prabhakaran v. State of T.N.,
    (2000) 9 SCC 170 : 2000 SCC (Cri) 1198] it was
    also made clear that there is no legal requirement
    that a copy of every document mentioned in the
    order has to be supplied to the detenu. What is,
    21 W.P.NO.100481/2026

    therefore, imperative is that copies of such
    documents which had been relied upon by the
    detaining authority for reaching the satisfaction
    that in the interest of the State and its citizens the
    preventive detention of the detenu is necessary,
    have to be supplied to him. Furthermore, if in this
    case, the detenu’s representation and writ petition
    had been placed before the detaining authority,
    which according to the detenu contained his entire
    defence to the allegations made against him, the
    same may have weighed with the detaining
    authority as to the necessity of issuing the order of
    detention at all.”

    22. Thus, the legal position has been settled by
    this Court that the right to make representation is a
    fundamental right of the detenu under Article 22(5) of
    the Constitution and supply of the illegible copy of
    documents which has been relied upon by the
    detaining authority indeed has deprived him in making
    an effective representation and denial thereof will hold
    the order of detention illegal and not in accordance
    with the procedure contemplated under law.

    23. It is the admitted case of the parties that
    Respondent 1 has failed to question before the
    detaining authority that illegible or blurred copies were
    supplied to him which were relied upon while passing
    the order of detention, but the right to make
    representation being a fundamental right under Article
    22(5)
    of the Constitution in order to make effective
    representation, the detenu is always entitled to be
    supplied with the legible copies of the documents
    relied upon by the detaining authority and such
    22 W.P.NO.100481/2026

    information made in the grounds of detention enables
    him to make an effective representation.”

    14. The aforesaid enunciation of law laid down by

    the Hon’ble Supreme Court makes it clear that

    non-supplying the documents in a language known to the

    detenue and supplying illegible copy of documents which

    have been relied upon by the detaining authority deprives

    the detenue from making an effective representation

    guaranteed under Article 22(5) of the Constitution of India

    and denial of which results in violation of the procedure

    contemplated under the law for passing an order of

    preventive detention. We have also noticed that the

    detention order would lapse on 02.06.2026. Hence, on this

    ground also, we are of the view that the matter is required

    to be heard on priority basis.

    15. The learned counsel for the petitioner though

    raised other grounds to attack the orders under challenge,

    we are not proposed to consider those grounds urged in

    view of our aforesaid finding. We have also noticed that

    that order of detention as well as consequential orders were
    23 W.P.NO.100481/2026

    assailed in this petition in the month of January 2026 and,

    due to one or the other reason, the matter could not be

    taken up and the counsel appearing for the petitioner

    insisted the matter to be taken up for final disposal by the

    Vacation Bench on the ground that the writ petition would

    render infructuous if the consideration of the petition is

    deferred further. Considering the said request and with the

    consent of both sides, we heard the writ petition for final

    disposal.

    16. For the aforementioned reasons, the orders of

    detention, approval and confirmation under challenge are

    contrary to law and require interference, and we are of the

    considered view that the impugned orders are passed in

    violation of the fundamental rights of the detenue

    guaranteed under Article 21 of the Constitution of India.

    Hence, we proceed to pass the following:

    ORDER

    i. The writ petition is allowed.

    ii. The impugned order of detention dated
    02.06.2025 passed by the respondent
    24 W.P.NO.100481/2026

    No.1, and the order dated 09.06.2025 and
    the confirmation order dated 18.07.2025
    passed by respondent No.2 are hereby
    quashed.

    iii. The respondents are directed to set the
    detenue at liberty forthwith, if not required
    in any other cases.

    
        iv.    Registry is directed to communicate the
               operative   portion    of the   order   to   the
    

    Superintendent of Central Prison, Dharwad,
    forthwith for compliance.

        v.     No order as to costs.
    
    
    
    
                                         Sd/-
                                (H.T.NARENDRA PRASAD)
                                        JUDGE
    
    
                                         Sd/-
                                 (VIJAYKUMAR A.PATIL)
                                        JUDGE
    
    
    KMS
    CT: ASC
     



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