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B. VEERAPPA, K. S. HEMALEKHA
Parvathamma – Appellant
Versus
Commissioner Of Police – Respondent
JUDGMENT/ORDER
B.VEERAPPA, J. - The petitioner, who is mother of Sri. Raghavendra @ Bakery Raghu - detune has filed the present writ petition for a writ of certiorari to quash the detention order passed by respondent No.1 dtd. 7/2/2022 under the provisions of Sec. 2(g) of the Karnataka Prevention of Dangerous Activities of Boot- Leggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers and Video or Audio Pirates Act, 1985 (hereinafter referred to 'the Goonda Act' for short) vide Annexure-A and confirmation order dtd. 25/3/2022 passed by respondent No.2 vide Annexure-F.
2. It is the case of the petitioner that the detune has been detained in Central Jail, Bengaluru in pursuance of the detention order passed by respondent No.1 under the provisions of Sec. 2(g) of the Goonda Act as per Annexure-A. It is further stated that as contemplated under Article 22 of the Constitution of India, the detune has purportedly been furnished the grounds of detention and the materials relied upon by the Detention Authority are in four bound volumes and the same was required to be forwarded along with grounds, on which the order was made, and the documents relied upon and t
Non-supply of legible documents to the detune constitutes a violation of the right guaranteed under Article 22 of the Constitution, leading to the quashing of the detention order.
Detention orders must consider all relevant factors, including acquittals and language accessibility for the detainee's effective representation.
The failure to supply legible documents to a detenue violates Article 22(5) of the Constitution, hindering effective representation and rendering the detention order illegal.
Procedural requirements, including providing legible documents to the detenu and timely submission of materials to the Advisory Board, must be strictly complied with in preventive detention cases.
The court established that compliance with procedural requirements under the Goonda Act is mandatory for the validity of detention orders, and failure to provide necessary documentation and translati....
Detention orders quashed due to procedural violations, particularly the failure to provide required documents, infringing the detenue's right to effective representation under Article 22(5).
Preventive detention must adhere to established legal guidelines ensuring clarity in communication and documentation to uphold individual rights.
The failure to provide detention materials in the language known to the detenue violates constitutional rights, rendering the detention order illegal.
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