Observing that the writ of habeas corpus touches upon the life and liberty of an individual under detention, the High Court of Karnataka has ruled that persons detained under the Goonda Act have a right to file a second writ petition before the court on fresh grounds or new grounds that were not available when the first petition was filed challenging the same order of detention.
The court also ruled that is not necessary that the period of detention must be mentioned in the order of detention under the Karnataka Prevention of Dangerous Activities of Bootleggers, Drugs Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1985 (commonly known as Goonda Act) as the law itself prescribes a maximum period of detention to be 12 months and hence detention order would operate only for this period even if period is not mentioned.
A full Bench, comprising Chief Justice Subhro Kamal Mukherjee (now retired), Justice Aravind Kumar and Justice B.V. Nagarathna, delivered the verdict on the questions referred to it by smaller benches in connection with three habeas corpus writ petitions filed by three persons detained by the police under the Goonda Act in different districts.
“... having regard to the fact that a writ of habeas corpus touches upon the life and liberty of a person, a second writ petition on fresh grounds i.e., grounds that were previously not available when the first writ petition was filed, is in our view, maintainable,” the Bench said.
However, the Bench said that a second writ petition based on the very same grounds which were raised in the first writ petition assailing an order of detention is not maintainable on the principles of res-judicata.
On period of detention, the Bench said that it is not necessary to mention the period of detention as non mentioning of period would means that detention period would operate till the end of 12 month and no further.
The issues were referred to the larger bench due to conflicting opinions expressed by different division benches.
