SHAHUL HAMEED Vs. STATE OF KERALA AND ORS

JUDGEMENT

(1.) The petitioner has come to this Court with this petition under Article 226 of the Constitution of India to issue a writ of habeas corpus to direct the production of his son, Shamnad, aged 22 years (hereinafter referred to as the detenu), who is being preventively detained in custody as per an order of detention dated 21/12/2009 (Ext.P1) passed by the second respondent under Section 3 of the Kerala Anti-Social Activities (Prevention) Act (hereinafter referred to as the KAAPA).

(2.) The detenu is admittedly involved in eleven cases. Nine of them have admittedly been charge sheeted after the completion of investigation. The 3rd respondent, Superintendent of Police, submitted Ext.P2 report dated 17/10/2009 to the second respondent, the District Magistrate under Section 3(1) of the KAAPA. The second respondent, District Magistrate passed Ext.P1 order dated 21/12/2009. In execution of Ext.P1 order, the detenu was arrested on 20/03/2010. Ext.P3 information was furnished to the detenu. The order of detention was approved by the Government under Section 3(3) of the KAAPA vide Ext.P4 order dated 29/03/2010. We are informed that order confirming the detention for a period of six months from the date of detention has already been passed by the Government under Section 10(4) of the KAAPA.

(3.) According to the petitioner, the order of detention and the continued detention of the detenu under the said order are both not legally valid or justifiable. We have heard the arguments of the Learned Counsel for the petitioner as also the learned Government Pleader. The learned Government Pleader assails the impugned order of detention and continued detention on the following grounds: