Bengaluru: Merely stating that a person’s activities are prejudicial to public order, without supporting material, is not sufficient to justify preventive detention under the Goonda Act, the Karnataka High Court has held while ordering the release of a man from Bagalkot district.
Opposing the petition, the govt advocate submitted that Kadkol was a habitual offender who repeatedly indulged in the illegal use of weapons and faced charges under the Arms Act, 1959.
The court was also told that copies of the documents relied upon by the authorities had been furnished to him and that the advisory board had rejected his plea for release. Citing several Supreme Court judgments, the bench observed that preventive detention could not be used as a substitute for seeking cancellation of bail. It also reiterated the distinction between a threat to public order and a mere breach of law and order, noting that preventive detention requires the former. The bench, however, pointed out that the state had neither sought cancellation of bail in the pending cases nor challenged the acquittal. It also noted that no non-bailable warrant had been issued against Kadkol for violating bail conditions or failing to attend court proceedings.