Kerala High Court sets aside a KAAP Act detention because the order was not supplied in a language the detenue knew

21 October 2026

A Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. decided Ayishath Ruksana v. State of Kerala and Ors., WP(Crl). No. 1247 of 2026.
The matter is reported as 2026 LiveLaw (Ker) 587 and was reported on 16 October 2026.
The detenue, a Kannada-speaking man from Karnataka, was detained under the Kerala Anti-Social Activities (Prevention) Act, 2007, on an order of the District Collector that the government confirmed.
The detention order and the documents relied on were in Malayalam, and translated copies were not supplied.
The Court held that this denied the detenue the fundamental right under Article 22(5) of the Constitution to make a representation against the detention order.
It set aside both the detention order and the confirmation order and directed the jail superintendent to release the detenue unless he was required in any other case.