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2009 Supreme(Ker) 996

R.BASANT, M.C.HARI RANI
M. Babu – Appellant
Versus
State Of Kerala Represented By Its Secretary (Home) Department – Respondent


Advocates appeared:
For the Petitioner:S. Sreekumar, Advocate. For the Respondents:
K.K. Ravindranath, Addl. Dir. Gen. of Prosecution, R1-3, P. Ravindra Babu, Government Pleader.

Judgment :

R. BASANT, J.

Does a detenu under a law providing for preventive detention have a fundamental right to be communicated with the order passed on the representation made by him in exercise of his fundamental right under Article 22(5) of the Constitution of India?

ii) Does the communication by anyone other than the authority passing the order of the fate of the representation made by the detenu (and not the order as such) infringe such fundamental right of the detenu?

iii) Has Ext.P3 representation to the Government received the irreducible minimum of "a real and proper consideration" which it is entitled to under law when it was rejected by Ext.R1(d) order dated 05.09.2009 which was communicated to the detenu under Ext.R1

(b) letter?

iv) Is the practice of cryptic one line (nay, one word at times) orders being passed on such representations by the authorities on the basis of notes put up by the subordinates, in tune with the high constitutional values and concern for right to life, personal liberty and freedom of the individual recognised by our system?

These questions arise for consideration before us in this Writ Petition.

2. To the crucially relevant and vital facts firs

















































































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