SHRUTHI T K Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This petition has been by the wife of the detenue viz., Santhosh Kumar K alias Kanuma, in which the order dtd. 11/4/2023 passed under Sec. 3(1) of The Karnataka Prevention Of Dangerous Activities Of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders & Slum Grabbers Act, 1985 (hereinafter referred to as 'the Act' for short) has been assailed. The petitioner has also assailed the validity of the order dtd. 19/4/2023 passed by the State Government under Sec. 3(3) of the Act.

(2.) Facts giving rise to filing of this petition briefly stated are that the detenue has studied up to VIIth Standard. An order of detention as passed against the detenue on 11/4/2003 and a copy of the aforesaid order was forwarded to the State Government for confirmation. The detenue submitted a representation on 15/4/2003 to the detaining authority. Thereafter, the detaining authority passed an order under Sec. 3 (3) of the Act on 19/4/2023.

(3.) Learned counsel for the petitioner has submitted that illegible documents were supplied to the detenue and therefore, he was deprived of the right to make an effective representation and therefore, the order of detention is vitiated in law. It is contended that failure to supply legible documents has violated the fundamental rights guaranteed to the detenue under Article 22(5) of the Constitution of India.