Back
ALOK ARADHE, ANANT RAMANATH HEGDE
Shruthi T. K. – Appellant
Versus
Deputy Commissioner – Respondent
JUDGMENT
ALOK ARADHE, J.
This petition has been by the wife of the detenue viz., Santhosh Kumar K alias Kanuma, in which the order dtd. 11/4/2023 passed under Sec. 3(1) of The Karnataka Prevention Of Dangerous Activities Of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders & Slum Grabbers Act, 1985 (hereinafter referred to as 'the Act' for short) has been assailed. The petitioner has also assailed the validity of the order dtd. 19/4/2023 passed by the State Government under Sec. 3(3) of the Act.
2. Facts giving rise to filing of this petition briefly stated are that the detenue has studied up to VIIth Standard. An order of detention as passed against the detenue on 11/4/2003 and a copy of the aforesaid order was forwarded to the State Government for confirmation. The detenue submitted a representation on 15/4/2003 to the detaining authority. Thereafter, the detaining authority passed an order under Sec. 3 (3) of the Act on 19/4/2023.
3. Learned counsel for the petitioner has submitted that illegible documents were supplied to the detenue and therefore, he was deprived of the right to make an effective representation and therefore, the order of detention is v
The right to make an effective representation under Article 22(5) of the Constitution includes the right to receive legible documents relied upon by the detaining authority.
Preventive detention – Detenu is always entitled to be supplied with legible copies of documents relied upon by detaining authority and such information made in grounds of detention enables him to ma....
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.
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).
Detention orders must consider all relevant factors, including acquittals and language accessibility for the detainee's effective representation.
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.
Non-communication of the detenue's right to make an effective representation to the Detaining Authority until the order of detention is approved by the Government constitutes a violation of the deten....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
