Mary Selma vs State Of Kerala Represented By The Addl. Chief Secretary (Home)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Ker) 61

K. VINOD CHANDRAN, M. R. ANITHA
Mary Selma – Appellant
Versus
State Of Kerala Represented By The Addl. Chief Secretary (Home) – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Sri.C.Rajendran, Sri.B.K.Gopalakrishnan, Advs.
For the Respondent: Sri.K.A.Anas, Government Pleader

JUDGMENT :

M.R.Anitha, J.

1.This writ petition has been filed by the wife of the detenu, challenging the order of detention issued by the second respondent/District Magistrate.

2. Ext.P1 is the detention order passed by the District Magistrate, Alappuzha/2nd respondent dated 19.8.2020 under Sec.3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter be referred as 'KAA(P)A'). Detention order has been executed on 28.8.2020. 2nd respondent passed the detention order on the basis of the reports of the Superintendent of Police (Rural), Alappuzha (3rd respondent), the Sponsoring Authority.

3. The husband of the petitioner (hereinafter referred as detenu) has been classified as a 'known rowdy' on the basis of eight cases registered against him. According to the petitioner, the impugned order passed is in total violation of Sec.3(3) of KAA(P)A. The approval has not been granted in 12 days from the date of arrest. It is alleged that there is delay in consideration of the representation by the Government. Petitioner further alleges that the detenu was served illegible, non readable and incomplete documents (six in number) which caused prejudice in making an effective repre

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