SUNITHA MUJEEB REHMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS application has been filed by the petitioner for issue of a writ of habeas corpus to cause the production of and direct the release of her husband Mujeeb Rehman @ Vetta Mujeeb (hereinafter referred to as 'the detenu') who stands preventively detained by Ext. P1 order dated 20/05/10 passed under S.3 of the Kerala Anti - Social Activities (Prevention) Act, 2007 (hereinafter referred to as 'the KAAPA') by the 2nd respondent - the District Magistrate.

(2.) PROCEEDINGS were initiated on the basis of a report (Ext. P12) under S.3(1) of the KAAPA submitted by the 3rd respondent - Superintendent of Police to the 2nd respondent - District Magistrate. In execution of the impugned order of detention - Ext. P1 dated 20/05/10, the detenu was arrested / detained with effect from 24/05/10. Order of approval under S.3(3) of the KAAPA and order of confirmation under S.10(4) of the KAAPA (Ext. P11) have already been passed. The detenu will have to continue in custody till 24/11/10.

(3.) ACCORDING to the sponsoring and the detaining authorities, the detenu was subsequently involved in the commission of crimes and it is, in these circumstances, that Ext. P12 report was submitted by the 3rd respondent to the 2nd respondent and the 2nd respondent proceeded to pass Ext. P1 order of detention under S.3 of the KAAPA.