Procedural Formalities In Preventive Detention Shall Be Strictly Followed; Copies Furnished To Detenu Shall Be Legible And Readable: Kerala High Court

The Kerala High Court observed that the procedural formalities concerning the preventive detention shall be strictly followed and that the materials to be supplied to the detenu shall be legible and readable.

A Writ Petition was filed by the mother of the detenu, who was declared “known rowdy” under Kerala Anti-Social Activities (Prevention) Act, 2007; however, the copies of detention order supplied to them were illegible.

The Bench of Justice Raja Vijayaraghavan V and Justice K. V. Jayakumar observed, “We find that Page Nos. 14, 15, 16, 17, 18, 19 are illegible and unreadable…It is trite law that the procedural formalities concerning the preventive detention shall be strictly followed. The materials to be supplied to the detenu shall be legible and readable. The compliance of subsection (2) of Section 7 is not an empty formality. Only when the legible and readable copies are furnished to the detenu, he could make an effective representation before the Advisory Board and the Government. It is the bounden duty of the detaining authority to ensure that copies furnished to the detenu shall be legible and readable.”

Advocate M.H. Hanis represented the Petitioner, while Advocate K.A. Anas represented the Respondent.

Case Brief

The Petitioner's son (detenu) was classified as a 'known rowdy' as defined under Section 2p(iii) of the Kerala Anti-Social Activities (Prevention) Act. The detaining authority had taken into consideration a total of four cases involving the Petitioner’s son while issuing the order of detention.

The contention of the Petitioner was that the procedure mandated under Section 7(2) of the Kerala Anti-Social Activities (Prevention) Act, which provides for the grounds of detention has not been strictly followed. Further, the documents supplied to the Petitioner’s son along with the detention order are illegible. It has resulted in grave prejudice being caused to the Petitioner’s son in availing his right to send a representation to the relevant authorities.

While it was contended by the State that the copies of all the relevant records and the grounds of detention were furnished to the Petitioner’s son and he was informed of his right to file representation against the detention order before the Government as well as the Advisory Board.

Court’s Analysis

The Court referred to Section 7 of the Kerala Anti-Social Activities (Prevention) Act and observed that it specifically states that the grounds of detention, specifying the instances of offences, with copies of relevant documents, based on which the detenu is considered as a "known goonda" or "known rowdy" and giving such materials relating to his activities, shall be furnished to the detenu as soon as possible, at any rate, within five days of detention.

The Court observed that it is trite law that the procedural formalities concerning the preventive detention shall be strictly followed. The materials to be supplied to the detenu shall be legible and readable.

“On a careful consideration of the materials on record, we are of the view that the petitioner is entitled to succeed. The non-serving of legible copy of the documents and the inordinate delay in meaningfully considering and disposing the representation will vitiate the order of detention”, the Court Held.

Accordingly, the Writ Petition was allowed and the order of detention was set aside.

Cause Title: Manjusha K.P V. State Of Kerala & Ors (Neutral Citation: 2025:Ker:48477)

Appearance

Petitioner: Advocates M.H.Hanis, T.N.Lekshmi Shankar, Nancy Mol P., Anandhu P.C. , Neethu.G. Nadh, Ria Elizabeth T.J., Sahad M. Hanis

Respondents: Advocate K.A.Anas, Public Prosecutor

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