PRIYA MENON Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a writ petition seeking writ of habeas corpus in re K.N.Venugopal, who is detained in the Central Prison, Thiruvananthapuram on the basis of Ext.P1 order of detention of which the grounds of detention are disclosed through Ext.P2. That has been confirmed by the Government as per Ext.P7 Government Order, pursuant to the report dated 19.01.2016 made by the COFEPOSA Advisory Board.

(2.) We have heard the learned counsel appearing for the petitioner who is the wife of the detenu, the learned State Attorney for the State of Kerala, the learned Central Government Counsel for the Union of India and the learned counsel appearing for the Directorate of Revenue Intelligence.

(3.) Ext.P1, order of detention, was issued on 07.11.2015. The detenu, who was earlier arrested, had already been released on bail. Therefore, on the basis of Ext.P1 preventive detention order dated 07.11.2015, he was again arrested on 09.11.2015 and was admitted to the Central Prison, Thiruvananthapuram on 10.11.2015. Ext.P2, grounds of detention, dated 07.11.2015 was served on him on 11.11.2015. On 09.12.2015, the detenu made Ext.P3 representation to the State Government and Exts.P4 and P5 representations to the Union of India and the COFEPOSA Advisory Board respectively. Though all those representations were made on the same day, Ext.P3 representation to the State Government was in Malayalam and Exts.P4 and P5 were in English, also specifically stating in the opening portions of those representations that he is making those representations in English though he is not familiar with English language and having obtained aid and advice to draft and present those representations in English.