BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Does a detenu under a law providing for preventive detention have a fundamental right to be communicated with the order passed on the representation made by him in exercise of his fundamental right under Article 22(5) of the Constitution of India

(2.) To the crucially relevant and vital facts first. The petitioner's friend, a young lady in her late thirties by name Ms.Sobha John, was ordered to be detained under Ext.P1 order of detention dt.06.08.09 passed by the 2nd respondent under Section 3(2) of the Kerala Anti-social Activities (Prevention) Act, 2007 (hereinafter referred to as the 'KAAPA'). The said Sobha John, (the detenue hereafter), was in custody in an earlier crime. She remained in custody from 05.06.09. Ext.P1 order of detention was passed when she was so in custody already. Judicial custody was transformed into preventive detention custody on 17.08.09 in execution of the order of detention. Approval of the Government under Section 3(3) of the KAAPA was granted on 24.08.09. The confirmation of the order under Section 10(4) was issued on 21.10.09. She therefore continues in custody from 17.08.09 under Ext.P1 order.

(3.) She was reckoned as a known rowdy by the detaining authority in view of 4 cases registered against her. In 3 of them, final reports have already been filed. In the fourth, final report has not been filed and the same is pending investigation.