It is against this order that the present appeals have been filed.
The appellant herein was detained for a period of one year under an order dated 9th December 2005 passed under Section 3 2 of the Karnataka Prevention of Dangerous Activities of Bottleggers Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act 1985.
This order was challenged in the Karnataka High Court on 16th December 2005 by way of a writ of habeas companypus.
By its order dated 1st September 2006, the Division Bench relying on Commissioner of Police Anr.
Necessary order in this regard shall be passed within two months by the appellant State.
As was numbericed in Sunil Fulchand Shah vs. Union of India and State of T.N. v. Kethiyan Perumal it is for the appropriate State to companysider whether the impact of the acts, which led to the order of detention still survives and whether it would be desirable to send back the detenu for serving remainder period of detention.
The State of Karnataka thereafter moved an application for review of the order dated 1st September 2006 on the plea that the aforesaid judgment had been over ruled by a later judgment of this Court in T.Devki vs. Govt of Tamil Nadu Ors.
SCC 568 quashed the order of detention and directed that the appellant be set at liberty.
This judgment was followed in Alagars case and in paragraph 9 it was observed that The residual question is whether it would be appropriate to direct the respondent to surrender for serving remaining period of detention in view of passage of time.
vs. Gurbux Anandram Bhiryani 1988 Supp.
While issuing numberice on 30th April 2007 the operation of the impugned order had been stayed.
