HC sets aside detention under Goonda Act

Bengaluru: Citing non-application of mind on the part of the pertaining authority, the Karnataka high court has set aside the detention of Hussain Kabeer under the Karnataka Prevention of Dangerous Activities of Bootleggers, Drugs Offenders, Gamblers, Goondas, Immoral Traffic Offences and Slum-Grabbers Act, 1985. Kabeer’s wife Dilshad filed a petition alleging illegal detention.

"The detaining authority did not notice, while recording its satisfaction, that in a majority of cases, the detainee was either acquitted or compromise took place, also shows that there is non-application of mind by the detaining authority," a division bench comprising Justices Anu Sivaraman and Tara Vitasta Ganju observed in its order.

Hussain Kabeer, a resident of Kalavara in Udupi district, challenged the July 10, 2025, order for detention passed by the deputy commissioner and the July 17, 2025, confirmation order passed by the state govt.

After perusing the materials on record, the division bench noted that an examination of the detention order does reflect that although there were 17 cases against the detainee, the detainee was acquitted in more than 50% of those cases, while three of these cases ended in a compromise.

In addition, the investigation is still pending in four of the cases. In addition, an examination of the offences also shows that the majority of offences relate to theft of Jersey cows and illegal transportation of cattle. A perusal of the detention order, however, shows that the detainee was detained in the Central Prison, Mysuru, without mentioning any ground under Section 2 of the type of offence committed.

In addition, in the statement of objections filed by the state, it is not denied that the detention order has not set out the relevant provision. The Supreme Court in the case of Mortuza Hussain Choudhary vs State of Nagaland and Others has held that the satisfaction of the detaining authority has to be set out after application of mind, and cannot be by a casual reference or a bald recital," the division bench further added while allowing the petition by Dilshad, wherein he alleged that he has been kept under illegal detention.