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2013 Supreme(Ker) 271

K.M.JOSEPH, K.RAMAKRISHNAN
Praseedha Shiju, Wayanad District – Appellant
Versus
State Of Kerala, Represented By The Chief Secretary, Government Secretariat – Respondent


Advocates appeared:
For the Petitioner:K. Ramakumar, Senior Advocate, S.M. Prasanth, Mrs. Smitha George, Mrs. Asha Babu, Mrs. G. Ashwini, Advocates.
For the Respondents: R1, R2 & R3, T. Asaf Ali, Director General Of Prosecution.

JUDGMENT :-

K.M. Joseph, J.

1. Petitioner is the wife of a person who has been detained under the provisions of the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as the Act). Ext.P1 is the order of detention. It is dated 26.12.2012. Ext.P1(a) purports to be the grounds of detention. Ext.P6 is the order of approval by the Government of Kerala. Ext.P8 is the order by which the Government has rejected the representation.

2. We heard Shri K. Ramakumar, learned senior counsel for the petitioner and Shri T. Asaf Ali, learned Director General of Prosecution.

3. The contentions of the learned senior counsel for the petitioner are as follows:

It is contended that under Article 22(5) of the Constitution, the grounds of detention must be supplied to the detenu. It is pointed out that Section 7(2) of the Act also mandates that the grounds of detention specifying the instances of the offences with copies of relevant documents as far as practicable on the basis of which he is considered as a "known goonda" or "known rowdy" and giving such materials relating to his activities on the basis of which his detention has been found necessary, shall be furnished to him









































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