Kerala High Court sets aside detention order of Thiruvananthapuram councillor R. Sugathan
The Kerala High Court has set aside a preventive detention order against councillor R. Sugathan, citing a lack of application of mind by authorities and procedural errors. The court ruled that the detention violated the individual's constitutional rights due to unexplained delays and illegible documentation.
Why it matters
This case highlights the judicial oversight required to prevent the misuse of preventive detention laws like the KAAPA Act against political figures.
The Kerala High Court on Tuesday set aside the detention order issued by the Thiruvananthapuram Collector against councillor R. Sugathan under the Kerala Anti-Social Activities (Prevention) Act (KAAPA Act), 2007.
A Division Bench of Justices Anil K. Narendran and S. Murali Krishna set aside the detention order and directed the Superintendent of Central Prison and Correction Home, Viyyur, to release Mr. Sugathan if he was not required in any other case.
The court held that his detention order lacked application of mind and that he had been served with several illegible pages in the documents pertaining to his arrest. The unexplained delay in considering his representation seeking cancellation of the order or his temporary release violated his constitutional rights against arbitrary arrest and detention.
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