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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SOUMEN SEN, CJ, SYAM KUMAR V.M.
Aleena Alex W/o Amrutharaj – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. factual basis for preventive detention and statutory requirements. (Para 1 , 4 , 5) |
| 2. constitutional requirement of providing legible records for effective representation. (Para 6 , 7 , 8 , 9 , 10) |
| 3. state's burden to justify preventive measures despite bail conditions. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. judicial review of subjective satisfaction in preventive detention. (Para 22 , 23 , 24 , 25 , 26) |
| 5. procedural invalidity due to legible document failure and delayed representation consideration. (Para 27 , 28 , 29) |
JUDGMENT :
SOUMEN SEN, CJ.
1. “The jurisdiction of suspicion” is invoked by the writ petitioner, the wife of the detenu, in view of the order of detention passed by the District Collector & District Magistrate of Pathanamthitta District under Section 3(3) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (in short the “Act”). The detenu was directed to be detained and kept in Central Prison, Viyyur, is the subject matter of challenge in this habeas corpus petition.
2. The learned brother Justice Syam Kumar V.M. has elaborately discussed the matter, both in respect of fact and law, with which I fully concur.
3. I would l
Preventive detention orders are invalidated if the detaining authority fails to supply legible copies of relied-upon documents, preventing an effective representation, or fails to record subjective s....
Preventive detention under the Andhra Pradesh Prevention of Dangerous Activities Act requires the authority to demonstrate necessity due to repeated offenses impacting public health, not merely due t....
The detention order must be based on compelling reasons, and the detaining authority must supply all material forming the basis of the detention to enable effective representation. Failure to do so r....
Preventive detention under the Jammu and Kashmir Public Safety Act requires the detaining authority to provide grounds for detention and adhere to procedural safeguards, but the subjective satisfacti....
If person concerned is in judicial custody and if there is likelihood of his being released shortly, then detaining authority may stay its chance for a short while and think of passing an order of de....
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