NAJMUNNISA Vs. STATE OF KERALA

JUDGEMENT

(1.) Does a Iiterate detenu detained under the Kerala Anti-social Activities (Prevention) Act, 2007 (hereinafter referred, to as the 'KAAPA') have the right to be furnished with the relevant documents in a script and language which he can read and understand Does the failure/omission to so furnish documents vitiate the detention These questions arise for determination in this case.

(2.) To the vitally relevant facts first. The petitioner is the mother of the detenu. He is detained as per Ext.P2 order passed by the 3rd respondent under Section 3 of the KAAPA. That order is dated 3/8/2009. The detenu was arrested and his detention commenced on 6/8/2009. The detenu is allegedly a known rowdy involved in seven cases, all of which come within the purview of Section 2(t) of the KAAPA. Order of approval under Section 3(3) and order of confirmation under Section 10(4) have already been passed, it is submitted.

(3.) It is not disputed that the mother tongue of the detenu is Urdu. He hails from the border district of Kasargod close to the Kerala-Karnataka border. He studied in a Kannada medium school. He can speak and understand Malayalam; but he cannot read or write Malayalam.