“Detenue’s Rights Infringed Due to Failure to Provide Relevant Documents,” Rules Karnataka High Court
In a judgment dated August 31, 2023, the High Court of Karnataka quashed detention orders, citing infringement of the detenue’s rights due to procedural lapses. The court emphasized the importance of adhering to legal requirements and constitutional provisions.
Justice Mohammad Nawaz and Justice Rajesh Rai K presided over the case, Writ Petition No. 201957/2023, involving Smt. Shrenika as the petitioner and the State of Karnataka among the respondents.
The court observed, “Failure to provide the detenue with relevant documents within the stipulated 21-day period infringes upon the detenue’s rights to defend against illegal detention.” [Para 7]
The judgment also highlighted the violation of Article 22(5) of the Constitution of India. “The sponsoring authority’s failure to provide translated and legible copies of documents to the detenue withheld the detenue’s right to make effective representation before the Government and Advisory Board,” the court noted. [Para 22]
Discussing the role of the Advisory Board in detention cases, the court stated that the board’s opinion is crucial for the continuation or revocation of detention. [Para 16]
In the final decision, the court quashed the detention orders passed by respondent Nos. 1 and 2 and directed them to set the detenue at liberty. [Para 29]
Date of Decision 31st August 2023
SMT. SHRENIKA vs .THE STATE OF KARNATAKA,
