KAVITHA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the wife of the detenu, namely Kannan. Kannan has been detained invoking the provisions of Sec. 3 of the Kerala Anti Social Activities (Prevention) Act, 2007 (KAAPA Act). He is involved in 10 crimes out of which six crimes were considered for passing detention order. The detention order was passed on 22/1/2024. The last prejudicial activity was on 26/10/2023. The detenue was in judicial custody and released on bail on 15/11/2023.

(2.) On serving detention order and relevant records, detenu raised an objection stating that he was not served with a legible copy of the documents. The learned Government Pleader has a case that such objection was not received.

(3.) Learned Counsel for the petitioner relied on the decision reported in Dharmistabhagat v. State of Karnataka and Another 1989 KHC 1108 argued that the Refusal on the part of the detaining authority to supply legible copies of the said relevant document to the detenu for making an effective representation infringed the detenu's right under Article 22(5) of the Constitution of India.