"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Thursday, October 16, 2008

From the High Court of Kerala

The Right of the Detainee to Know the Grounds
The High Court of Kerala held yesterday that a person detained under the Kerala Anti- Social Activities (Prevention) Act, 2007, (find the enactment at http://lawkerala.com/reso/anti_social.pdf) has the right to get a copy of the evidences and documents that form the basis of detention order by the appropriate authoirty. The detainee has the right to know why he has been considered as a goonda under the Act. Section 3 of the Act empowers the appropriate authority (the District Collector), to issue detention orders of 'goondas and known rowdies'. This decision reiterates the duty as per section 7 (2) of the Act. Section 7 (1) prescribes that the officer arresting a person under the Act is to read out the detetion order and give a copy of the order to the arrestee.
Posted by at

No comments:

Post a Comment

Subscribe to: Post Comments (Atom)