Karnataka HC quashes preventive detention order over failure to provide all documents in Kannada

The Karnataka High Court ruled that supplying detention papers in an unfamiliar language violates constitutional rights. As a result, the detenue could not challenge the order effectively. He could read only Kannada, while some documents were in English.

The case concerned a one-year preventive detention order against a habitual offender. However, the detenue’s mother, Pavithra, challenged the decision in court. Consequently, a bench of Justice Anu Sivaraman and Justice Vijaykumar A. Patil reviewed the order under the state detention law.

Moreover, the court referred to Article 22(5) of the Constitution. This provision requires authorities to explain detention grounds clearly. Therefore, officials must provide documents in a language the detenue understands. In this case, they failed to do so.

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Karnataka: Court says English documents denied detenue effective legal remedy

In addition, the petitioner’s lawyer pointed out serious omissions. Courts had acquitted the detenue in eight of thirteen cases. Yet, the detaining authority ignored several acquittals. Furthermore, some documents were illegible, which weakened the detenue’s defence.

Finally, the High Court noted that the State failed to counter these arguments. It also found inconsistencies in the detention records. Thus, the court held that the order violated Articles 21 and 22(5). Accordingly, it directed the prison authorities to release the detenue immediately.

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