RAJESH BABU S/O RAJENDRA BABU Vs. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY LEGISLATURE SECRETARIAT THIRUVANANTHAPURAM

JUDGEMENT

(1.) THE reliefs prayed for in the Writ Petition are the following :

(2.) AS per the order dated 26.3.2011, the petitioner was detained under the provisions of the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as the KAAPA). That order was revoked by the Government as per Exhibit P1 order dated 3.6.2011. In Exhibit P1, it was stated that it would be open to the authorised officer to pass a fresh order of detention as per law, if it was found necessary.

(3.) THE law with respect to the challenge against an order of detention before its execution is well settled in Additional Secretary to the Government of India and others vs. Alka Subhash Gadia and another (1992 Supp (1) SCC 496), wherein the Supreme Court held thus :