SURESH Vs. UNION OF INDIA

JUDGEMENT

(1.) Does Section 10(2) of the Kerala Anti-Social Activities (Prevention) Act (hereinafter referred to as 'the KAAPA') apply, control and guide proceedings under Section 15(2) of the KAAPA This is the short question of law that arises for consideration in this case.

(2.) This petition has been filed by the petitioner to assail an order of restraint passed against his brother by the 3rd respondent under Section 15(1) of the KAAPA, which order has been upheld by the Advisory Board constituted under Section 8 of the KAAPA vide Ext.P5 order.

(3.) It is unnecessary to advert to the relevant facts in any greater detail in the nature of the limited contention that is raised before us. The petitioner's brother one Sushi was proceeded against on the ground that he is a known goonda. Show cause notice dated 16.11.2009 (Ext.P2) was issued. That evoked Ext.P3 reply from the said Sushi. Ext.P4 order of restraint under Section 15 of the KAAPA was passed by the 3rd respondent against the said Sushi on 19.1.2010. That was served on him on 28.1.2010. The order directed the said Sushi not to enter specified areas for a period of four months from the date of service of the said order Ext.P4. An appeal/representation was preferred against the said order under Section 15(2) of the KAAPA before the Advisory Board. The Advisory Board, by Ext.P5 order, dismissed the said appeal/representation on 3.3.2010. The period of restraint under Ext.P4 order has already expired. But the petitioner is still interested in challenging the said order of detention for the reason that prosecution under Section 15(4) of the KAAPA has been initiated against the said Sushi on the ground that on 2.3.2010 he has violated the order. The said Sushi is in custody in connection with that prosecution. The petitioner hence has preferred this Writ Petition on his behalf to challenge Exts.P4 and P5.