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Nagaraja

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writ of Habeas Corpus = detained him as `goonda’ 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 (hereinafter referred to as “the Karnataka Act”) (Act No. 12 of 1985) for a period of 12 months.= the authority has no constitutional duty to consider the representation made by the detenu before the order of confirmation of the detention order. =On going through the factual details, various materials in the grounds of detention in view of continuous activities of the detenu attracting the provisions of IPC, continuous and habituality in pursuing the same type of offences indulging in committing offences like attempt to murder, dacoity, rioting, assault, damaging public property, provoking the public, attempt to grab the property of members of the public, extortion while settling land dispute, possessing illegal weapons and also of the fact that all the procedures and statutory safeguards have been fully complied with by the Detaining Authority, we agree with the reasoning of the Detaining Authority as approved by the Government and upheld by the High Court.

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1814 OF 2011 (Arising out of Special Leave Petition (Crl.) No. 3913 of 2011) D.M. Nagaraja …. Appellant(s) Versus The Government of Karnataka & Ors. …. Respondent(s) J U D G M E N T P.Sathasivam,J. 1) Leave granted. 2) The appellant … Continue reading

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