3 min readBengaluruMay 22, 2026 04:33 PM IST
The Karnataka High Court Thursday set aside a preventive detention order against a man, holding that the authorities had failed to provide him with documents in Kannada, thereby violating his constitutional rights.
A vacation bench of Justice H T Narendra Prasad and Justice Vijaykumar A Patil said in the order, “Non-furnishing of relied document in the language known to the detenue and submitting of illegible copies affects the right of the detenue to submit an effective representation, which is a fundamental right guaranteed under Article 22(5) of the Constitution of India.”
Allowing the petition, the bench held, “We are of the considered view that the impugned orders are passed in violation of the fundamental rights of the detenue guaranteed under Article 21 of the Constitution of India.”
The commissioner of Hubbali Dharwad police had passed a preventive detention order against Sagar Lakkundi under Section 2(g) of the Karnataka Prevention of Dangerous Activities, Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Trafficking Offenders, Slum Grabbers and Video or Audio Pirates Act, 1985, for being a habitual offender. The order was confirmed by the government.
Questioning the order, Lakkundi’s relative, Dharmaraj N Satpatii, moved the High Court.
Appearing for the petitioner, Advocate Mot Gourishankar Harishchandra argued that some of the documents furnished to Lakkundi are in English, and even according to the detention order, he can only read Kannada.
“Non-furnishing of translated copies of the documents vitiates the detention order. It is also submitted that some of the documents furnished are illegible, which violates the right guaranteed to the detenue under Article 22(5) of the Constitution of India to give effective representation,” Harishchandra submitted, adding that the detention order is vague and passed on irrelevant consideration.
Additional Government Advocate Ashok T Kattimani opposed the plea.
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“The detenue has been a habitual offender with eight cases registered against him under various provisions of IPC and BNS. It is further submitted that the detenue consistently engaged in illegal activities and caused public disorder and to prevent the same, the said order of detention was passed,” Kattimani said.
The bench perused the documents related to previous cases against Lakkundi that the detaining authority relied upon, and noted that some of them were in English and that no translated copies were provided to him.
The bench also noted that Lakkundi has studied up to Class 2 in Kannada medium and he can only read Kannada.
“We have also perused the statement of objections filed by the respondent-State and it has failed to substantiate the said contentions by rebutting the same in their statement of objections or by placing any material to that effect. Therefore, non-furnishing of relied documents in the language known to the detenue and submitting of illegible copies affects the right of the detenue to submit an effective representation,” the bench said in the order.
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The bench directed that Lakkundi be released, unless required in any other case.
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