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2009 Supreme(Ker) 508

R.BASANT, M.C.HARI RANI
Santhi – Appellant
Versus
State Of Kerala, Represented By the Chief Secretary, Government Secretariat – Respondent


Advocates Appeared:For the Petitioners:K. Ramakumar, Sr. Advocate. For the Respondents: Government Pleader.

Judgment :-

Basant, J.

In the light of Section 7(3) of the Kerala Anti-social Activities (Prevention) Act, 2007 (hereinafter referred to as the `KAAPA'), is the omission to furnish translated copies of some of the documents relied on by the Detaining Authority to be reckoned as fatal warranting invalidation of detention on that ground ?

(ii) Is the omission to specify any period of detention in the order of detention passed under Section 3(1) and approved under Section 3(3) to be reckoned as evidence of fatal non application of mind by the detaining authority warranting invalidation of the order of detention ?

(iii) Can the detaining authority place reliance on any confidential and secret information not revealed to him specifically which the sponsoring authority or his subordinates may have in their possession to entertain the requisite subjective satisfaction under Section 3 on the need to detain a known goonda or known rowdy ?

2. These questions of relevance and significance arise in this Writ Petition filed by the petitioner, who is the mother of Reji @ Annachi Reji who has been ordered to be detained by the 3rd respondent under Section 3(1) of KAAPA. The petitioner has come to
































































































































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