SALHAMMAL Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) The petitioner has approached this Court with the prayer that a writ of Habeas Corpus be issued directing the respondents to produce her son Sehu Abdul Kader Bairose, who has been detained in the Central Prison, Poojappura as COFEPOSA detenu. She also prays that the order of detention, a copy of which has been produced as Ext. P1, be quashed.

(2.) A counter-affidavit has been filed on behalf of the respondents.

(3.) Counsel for the parties have been heard. On behalf of the petitioner, Mr.P.K.Mani has contended that the detention order is vitiated as the competent authority had failed to notice that the detenu was already in custody and that no order of detention was necessary. Relying upon the decision of Their Lordships of the Supreme Court in Vijayakumar v. State of J & K and others. AIR 1982 S.C. 1023, learned counsel submits that the detaining authority did not even notice the fact that the detenu was in custody. According to the counsel, there is not even a whisper in the impugned order regarding the fact that the detenu was in judicial custody. Thus, he submits that the order is vitiated.