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.

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 the report of respondent No.1 and same has to be approved within twelve days of issuance of Detention Order as contemplated under Sec. 3(3) of the Act. Respondent No.2 has approved the detention order on 18/2/2022 as per Annexure-E. Respondent No.2 has confirmed the order passed by respondent No.1 in respect of detention order on 25/3/2022.

3. It is further case of the petitioner that the detune had studied in Kannada Medium upto 10th Standard and he does not know English language. Consequently, the detune ought to have been furnished the translation of English documents. Failing to provide the Kannada translation of the English documents in bound volumes, purported to be relied upon documents, has constituted non-communication of the grounds of detention, and some of the documents are not legible. Therefore, the petitioner sought to allow the writ petition.

4. The State Government-respondent has filed objections and stated that the detune had studied upto 10th standard and he was found of reading Kannada and English language and it is false to state that the detune did not know English and further stated that failure to provide Kannada translation of English documents is not a ground to quash the detention order as the respondents had furnished all the documents in Kannada as well as English language. It is further stated that respondent No.1 after considering the entire material on record has passed the detention order and the same has been approved by respondent No.2. It is stated that the Detention Order at Annexure-A clearly indicates that the detune has a right to make a representation to the Detaining Authority as well as Government of Karnataka independently and it is false to state that the Detaining Authority has failed to inform the detune that he has a right to make representation and there is no non-compliance of Constitutional requirements guaranteed under Article 22 (5) of the Constitution of India.

5. It is further stated that the order of detention does not vitiate the detune, who was in judicial custody on the date of passing the order and further that the detune has made an application for bail and was liable to be released on bail or there is a chance to release on bail that cannot be a ground for quashing the detention order. Further, it is stated that the detune has studied upto 10th standard and he knows to read and write English along with Kannada language and he does not know the English language is not a ground to quash the detention order passed by respondent No.1 and same was approved by respondent No.2. It is further contended that the detune is a rowdy element has frequently involved in the number of criminal acts and in case if the detune released on bail, he indulge in other criminal activities and he also creates insec