IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 WP(Crl.).No. 94 of 2011(S) -------------------------------------------- PETITIONER(S): --------------------- VIMALA KUMARI, W/O. BHUVANACHANDRAN, PREM NIVAS, TC 5/2123(2) KOKKODU LANE, KOWDIAR VILLAGE, PEROORKADA WARD, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.G.SUDHEER SMT.M.JAYASREE RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS ADDL.CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 695 001. 2. THE DISTRICT MAGISTRATE, THIRUVANANTHAPURAM DISTRICT.695 001. 3. THE DEPUTY COMMISSIONER OF POLICE (L&O) THIRUVANANTHAPURAM CITY.695 001. 4. CIRCLE INSEPCTOR OF POLICE, PEROORKADA CIRCLE, THIRUVANANTHAPURAM.695 001. 5. SUB INSEPCTOR OF POLICE, PEROORKADA POLICE STATION, THIRUVANANTHAPURAM. 695 001. BY SR. GOVERNMENT PLEADER SHRI P. RAVINDRA BABU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 01/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(CRL).NO.94 OF 2011 S PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE REPORT NO.204/COMP/DCP (L&O)/2010 DATED 19.10.2010 ISSUED BY 3RD RESPONDENT. EXT.P2 TRUE COPY OF ORDER NO.SB.81532/10 DATED 6.11.2010 ISSUED BY 2ND RESPONDENT. EXT.P3 TRUE COPY OF GROUNDS NO.S13.81532/10 DATED 15.1.2010 ISSUED BY 2ND RESPONDENT. EXT.P4 TRUE COPY OF FINAL REPORT PREPARED BY S.I. OF POLICE, PEROORKADA POLICE STATION IN CRIME NO.149/2008. EXT.P5 TRUE COPY OF FINAL REPORT IN CRIME NO.226/08 PREPARED BY S.I. OF POLICE, PEROORKADA POLICE STATION. EXT.P6 TRUE COPY OF FINAL REPORT SUBMITTED BY S.I. OF POLICE, PEROORKADA POLICE STATION IN CRIME NO.321/10. EXT.P7 TRUE COPY OF FINAL REPORT IN CRIME NO.761/2010 PREPARED BY S.I. OF POLICE, PEROORKADA POLICE STATION. EXT.P8 TRUE COPY OF FINAL REPORT IN CRIME NO.330/2010 PREPARED BY S.I. OF POLICE, PEROORKADA POLICE STATION. EXT.P9 TRUE COPY OF FIR IN CRIME NO.336/2010 PREPARED BY S.I. OF POLICE, PEROORKADA POLICE STATION. EXT.P10 TRUE COPY OF ORDER G.O.(RT).NO.498/2011/HOME DATED 14.2.2011 ISSUED BY HOME (SSA) DEPARTMENT. EXT.P11 TRUE COPY OF MEDICAL RECORDS ISSUED BY THE MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. RESPONDENTS' EXHIBITS: EXT.R1(A) TRUE COPY OF LETTER NO:96004/SSA5/2011/HOME DATED 04.02.2011. EXT.R1(B) TRUE COPY OF EXTRACT OF THE PAGE IN THE DISPATCH REGISTER. //TRUE COPY// PS TO JUDGE K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(CRL).NO. 94 OF 2011 S ------------------------------------------ Dated this the 1st June, 2011 JUDGMENT K.M. Joseph, J. Petitioner's son, Shyam Prakash stands detained under the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as the Act) and a Writ of Habeas Corpus is sought. The impugned order is sought to be quashed as also Ext.P10 order passed by the Government confirming the detention. Petitioner's son was detained pursuant to Ext.P2 order dated 6.11.2010 on 16.12.2010. 2. We heard the learned counsel for the petitioner and the learned Senior Government Pleader. The contention addressed by the learned counsel for the petitioner before us is that in violation of Section 7 of the Act, the detenu was not given opportunity. She elaborates and submits that he has not been informed of his right to W.P.(CRL).NO.94 OF 2011 S 2 consult a lawyer and it is the petitioner's mother who filed the representation before the Advisory Board and the detenu could not file representation before the Advisory Board. 3. Per contra, learned Senior Government Pleader would point out that the grounds of detention produced as Ext.P3 in this case itself would reveal that the detenu was informed of the right to represent. He would further point out that the files would also falsify the contention of the petitioner. He relied on the communication issued by the Superintendent of Jail to the Government. The communication from the Superintendent of Central Prison, Thiruvananthapuram, apparently addressed to the District Collector would reveal that the Superintendent would state that he has informed the detenu about his right to consult a legal practitioner of his choice to have assistance from the Superintendent for preparation of the representation to the Government, the Advisory Board. It is also pointed out that the said communication was addressed in pursuance of the W.P.(CRL).NO.94 OF 2011 S 3 communication from the District Collector dated 6.11.2010. In such circumstances, we are not inclined to accept the case of the petitioner that Section 7 of the Act stands violated. The Writ Petition fails and it is dismissed. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. //True Copy// PS to Judge