GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) Can the activities of a person prior to his acquisition of status as a 'known rowdy' under Section 2(p) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as 'the KAAPA') be taken into consideration by the detaining authority for entertaining the latter subjective satisfaction under Section 3 of the KAAPA Inter alia, this interesting question comes up for our decision in this Writ Petition.

(2.) The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to direct the production of his brother, Shinto, S/o. Yesudasan (hereinafter referred to as 'the detenu'), who stands detained as per Ext.P1 order of detention dated 19.3.2010 passed by the second respondent, District Magistrate, Kollam, under Section 3 of the KAAPA.

(3.) Proceedings were initiated against the detenu on the basis of Ext.P3 report dated 15.3.2010 submitted by the third respondent to the second respondent under Section 3(1) of KAAPA. In execution of the said order (Ext.P1), the detenu was arrested/taken into custody on 3.6.2010. The order of detention was approved by the Government by order dated 16.6.2010 under Section 3(3) of KAAPA. Later, the order of detention was confirmed by the Government under Section 10(4) of KAAPA by order dated 3.8.2010.