PARVATHAMMA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner, who is mother of Sri. Raghavendra @ Bakery Raghu - detune has filed the present writ petition for a writ of certiorari to quash the detention order passed by respondent No.1 dtd. 7/2/2022 under the provisions of Sec. 2(g) of the Karnataka Prevention of Dangerous Activities of Boot- Leggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers and Video or Audio Pirates Act, 1985 (hereinafter referred to 'the Goonda Act' for short) vide Annexure-A and confirmation order dtd. 25/3/2022 passed by respondent No.2 vide Annexure-F.

(2.) It is the case of the petitioner that the detune has been detained in Central Jail, Bengaluru in pursuance of the detention order passed by respondent No.1 under the provisions of Sec. 2(g) of the Goonda Act as per Annexure-A. It is further stated that as contemplated under Article 22 of the Constitution of India, the detune has purportedly been furnished the grounds of detention and the materials relied upon by the Detention Authority are in four bound volumes and the same was required to be forwarded along with grounds, on which the order was made, and the documents relied upon and the report of respondent No.1 and same has to be approved within twelve days of issuance of Detention Order as contemplated under Sec. 3(3) of the Act. Respondent No.2 has approved the detention order on 18/2/2022 as per Annexure-E. Respondent No.2 has confirmed the order passed by respondent No.1 in respect of detention order on 25/3/2022.

(3.) It is further case of the petitioner that the detune had studied in Kannada Medium upto 10th Standard and he does not know English language. Consequently, the detune ought to have been furnished the translation of English documents. Failing to provide the Kannada translation of the English documents in bound volumes, purported to be relied upon documents, has constituted non-communication of the grounds of detention, and some of the documents are not legible. Therefore, the petitioner sought to allow the writ petition.