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2010 Supreme(Ker) 596

R.BASANT, M.L.JOSEPH FRANCIS
Mary Kuriakose – Appellant
Versus
State Of Kerala – Respondent


Advocates appeared For the Petitioner:O.V. Maniprasad, Advocate. For the Respondents:Government Pleader, Advocate.

Judgment :

BASANT, J.

1. Does the failure to convey to the detenu under Section 7(2) of the Kerala Anti-social Activities (Prevention) Act, 2007 (hereinafter referred to as `the KAAPA') the period within which he should make a representation to the Advisory Board, amount to frustration/infringement of his constitutional right under Article 22(5) or the statutory right under Section 7(2) of the KAAPA? Can that alleged infraction lead to the invalidation of the continued detention of the detenu?

These interesting questions, inter alia, are raised in this Writ Petition filed by the petitioner, the mother of one Saneesh (hereinafter referred to as `the detenu'), who is preventively detained by an order passed under Section 3 of the KAAPA.

2. This is the second time that the petitioner is coming to this Court to assail preventive detention of her son, the detenu. The detenu was ordered to be detained under Ext.P1 order dated 20.04.2010. He was actually taken into custody and detained on 26.04.2010. The order was approved by the Government under Ext.P3 order passed under Section 3(3) of the KAAPA dated 06.05.2010. The order of confirmation was passed under Section 10(4) of the KAAPA on





























































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