Kerala High Court
Kavitha vs State Of Kerala on 28 May, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
WP(CRL.) NO. 378 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(CRL.) NO. 378 OF 2024
PETITIONER/S:
KAVITHA
AGED 44 YEARS
W/O. SABU, KOCHUVEETTIL PADINJATTATHIL, SAUHRUDA NAGAR-26,
AKG JUNCTION, THEKKEVILACHERRIYIL, MUNDAKKAL VILLAGE,
KOLLAM TALUK, KOLLAM., PIN - 691010
BY ADVS.
C.RAJENDRAN
B.K.GOPALAKRISHNAN
R.S.SREEVIDYA
MANU M.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE ADDL. CHIEF SECRETARY (HOME), GOVERNMENT
OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT MAGISTRATE
CIVIL STATION,COLLECTORATE, KOLLAM, PIN - 691013
3 DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF KOLLAM CITY, KOLLAM,
PIN - 691001
4 THE CITY POLICE COMMISSIONER
KOLLAM CITY. KOLLAM, PIN - 691001
5 STATION HOUSE OFFICER
ERAVIPURAM POLICE STATION, KOLLAM DISTRICT, PIN - 691011
6 THE SUPERINTENDENT
CENTRAL PRISON, VIYUR, THRISSUR, PIN - 680010
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
WP(CRL.) NO. 378 OF 2024
2
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
ADDL. STATE PUBLIC PROSECUTOR(AG-28)
OTHER PRESENT:
K A ANAS PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 378 OF 2024
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JUDGMENT
Dated this the 28th day of May 2024
A.Muhamed Mustaque, J.
Petitioner is the wife of the detenu, namely Kannan.
Kannan has been detained invoking the provisions of Section 3
of the Kerala Anti Social Activities (Prevention) Act, 2007
(KAAPA Act). He is involved in 10 crimes out of which six
crimes were considered for passing detention order. The
detention order was passed on 22.01.2024. The last prejudicial
activity was on 26.10.2023. The detenue was in judicial
custody and released on bail on 15.11.2023.
2. On serving detention order and relevant records,
detenu raised an objection stating that he was not served with
a legible copy of the documents. The learned Government
Pleader has a case that such objection was not received.
3. Learned Counsel for the petitioner relied on the
decision reported in Dharmistabhagat v. State of
Karnataka and Another 1989 KHC 1108 argued that the
Refusal on the part of the detaining authority to supply legible
copies of the said relevant document to the detenu for making
WP(CRL.) NO. 378 OF 2024
an effective representation infringed the detenu's right under
Article 22(5) of the Constitution of India.
4. The learned Public Prosecutor rebutting the
arguments submitted that detnue had endorsed legible copy
and therefore objection cannot be raised at this stage. The
Public Prosecutor placed before us the relevant records,
wherein it can be seen that detenu have acknowledged the
receipt of legible copies. It is to be noted that such
acknowledgment has been made, while detenu is detained in
the prison. However, on a perusal of the entire records itself
we are convinced that his objection is formidable. Records
produced before this Court itself are not legible and one cannot
make out the narration in such documents. If records otherwise
speaks that documents are not legible, court should accept
such contentions. It is to be noted that making a
representation against the detention is a constitutional
protected right . This cannot be treated as an empty formality
if a person is ordered to detained or deprived of document
which are relied against the order of detention that would
enure the constitutional protected right to such person.
5. In such circumstances, we declare that the
detention of the detenu is illegal. Accordingly, we order
WP(CRL.) NO. 378 OF 2024
release of the detenue forthwith, if he is not otherwise required
in any other case under law.
This W.P.(Crl.) is disposed of as above.
Sd/
A.MUHAMED MUSTAQUE
JUDGE
sd/
S.MANU
JUDGE
jm/
WP(CRL.) NO. 378 OF 2024
APPENDIX OF WP(CRL.) 378/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE PHOTOCOPY OF THE 2ND RESPONDENT'S
DETENTION ORDER NO. DCKLM/15150/2023-M16 DATED
22/01/2024
Exhibit P2 A TRUE COPY OF THE FIR IN CRIME NO.239/2018 OF
THE ERAVIPURAM POLICE STATION DATED 23/03/2018
Exhibit P3 A TRUE COPY OF THE FI STATEMENT GIVEN BY THE
INFORMANT IN CRIME NO.239/2018 OF THE
ERAVIPURAM POLICE STATION DATED 23/03/2018
Exhibit P4 A TRUE PHOTOCOPY OF THE WOUND CERTIFICATE DATED
21/03/2018
Exhibit P5 THE TRUE COPIES OF THE THREE SHEETS SUPPLIED
ALONG WITH THE DOCUMENTS ABOUT THE CRIME
NO.239/2018 OF THE ERAVIPURAM POLICE STATION
DATED 24/03/2018
Exhibit P6 THE TRUE COPY OF THE FINAL REPORT IN THE CRIME
NO.239/2018 OF THE ERAVIPURAM POLICE STATION
DATED 25/05/2018
Exhibit P7 A TRUE COPY OF THE FIR IN CRIME NO. 430/2018 OF
ERAVIPURAM POLICE STATION 04/06/2018
Exhibit P8 A TRUE COPY FI STATEMENT IN CRIME NO. 430/2018
OF ERAVIPURAM POLICE STATION DATED 04/06/2018
Exhibit P9 A TRUE COPY OF THE FIR CRIME NO. 1129/2019 OF
ERAVIPURAM POLICE STATION DATED 28/09/2019
Exhibit P10 THE TRUE COPY OF THE FI STATEMENT IN CRIME NO.
1129/2019 OF ERAVIPURAM POLICE STATION DATED
28/09/2019
Exhibit P11 A TRUE COPY OF THE FIR IN CRIME NO.2628/2020 OF
THE ERAVIPURAM POLICE STATION DATED 23/10/2020
Exhibit P12 A TRUE COPY OF THE THE FIR IN CRIME
NO.2814/2020 OF THE ERAVIPURAM POLICE STATION
DATED 22/11/2020
Exhibit P13 A TRUE COPY OF THE FIS DATED 22/11/2020 IN
CRIME NO.2814/2020 OF THE ERAVIPURAM POLICE
WP(CRL.) NO. 378 OF 2024
STATION
Exhibit P14 A TRUE PHOTOCOPY OF THE FIR IN CRIME NO.
1821/2023 OF ERAVIPURAM POLICE STATION DATED
27/10/2023
Exhibit P15 THE TRUE COPY OF THE FIS IN CRIME NO. 1821/2023
OF ERAVIPURAM POLICE STATION DATED 27/10/2023
Exhibit P16 A TRUE PHOTOCOPY OF THE REPRESENTATION
SUBMITTED BY THE DETENUE DATED 01/02/2024
Exhibit P17 A TRUE PHOTOCOPY OF THE CONFIRMATION ORDER OF
THE 1ST RESPONDENT DATED 14/03/2024
