MARY KURIAKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Does the failure to convey to the detenu under Section 7(2) of the Kerala Anti-social Activities (Prevention) Act, 2007 (hereinafter referred to as 'the KAAPA') the period within which he should make a representation to the Advisory Board, amount to frustration/infringement of his constitutional right under Article 22(5) or the statutory right under Section 7(2) of the KAAPA Can that alleged infraction lead to the invalidation of the continued detention of the detenu

(2.) This is the second time that the Petitioner is coming to this Court to assail preventive detention of her son, the detenu. The detenu was ordered to be detained under Ext.P1 order dated 20.4.2010. He was actually taken intocustody and detained on 26.04.2010. The order was approved by the Government under Ext.P3 order passed under Section 3(3) of the KAAPA dated 6.5.2010. The order of confirmation was passed under Section 10(4) of the KAAPA on 1.7.2010 under Ext.P4 order. The detenu will have to remain in custody till 26.10.2010.

(3.) The Petitioner had come to this Court earlier with W.P. (Crl.) No. 163 of 2010 assailing the impugned order of detention and the continued detention of the detenu. By Ext.P8 judgment dated 16.07.2010, the said petition was dismissed.