SULAIMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Is the constitutional concomitant fundamental right of the detenu under Article 22(5) of the Constitution for expeditious disposal of a representation to the Government breached Should this Court concede any advantage to the detenu and direct his release on the ground of infraction of the procedural mandate These questions are thrown up in this case.

(2.) The petitioner has come to this Court with this petition to direct production of his son Shaji @ Sharafudeen before Court and to set him at liberty invoking the powers of this Court under Article 226 of the Constitution.

(3.) The petitioner's son Shaji @ Sharafudeen (hereinafter referred to as 'the detenu') is detained as per order of detention dated 25.3.2010 passed by the 2nd respondent under Section 3 of the Kerala Anti-Social Activities (Prevention) Act, 2007 (for short 'the KAAPA'). The detenu was arrested and taken into custody on 29.3.10. He is categorised as a known rowdy under Section 3 of the KAAPA. The order of detention was duly approved by the Government under Section 3(3) of the KAAPA on 9.4.10. Later, after receipt of the opinion of the Advisory Board, order confirming detention under Section 10(4) of the KAAPA was passed on 1.6.10.