JIMESH JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India praying for the following reliefs:

(2.) The petitioner is the brother of the detenu. The detenu was placed under preventive detention with immediate effect at Viyyur Central Jail by Ext.P1 order of detention dated 26.5.2012 passed by the second respondent, the District Collector and District Magistrate. The second respondent has passed Ext.P1 order exercising his powers under Section 3(1) of the Kerala Anti- Social Activities (Prevention) Act, 2007 [for short, KAA(P)A]. Pursuant to Ext.P1, the detenu was taken into custody by the fourth respondent, the Sub Inspector of Police, on 28.5.2012 and admitted him to the Central Prison, Viyyur on that day itself. Subsequently, he was transferred to the Central Prison, Poojappura and he is continuing under detention there. Ext.P1 order has been approved by the Government, the first respondent, as per order dated 8.6.2012. The detenu preferred Ext.P5 representation dated 27.6.2012 before the first respondentfor revoking Ext.P1 order and for setting him free. But, that representation has been rejected by the first respondent. The detenu has also preferred Ext.P6 representation dated 27.6.2012 before the Advisory Board for revoking the detention order and for setting him free. The Advisory Board submitted a report dated 27.7.2012 finding that there was sufficient cause to detain the detenu. Thereafter, the first respondent has issued order dated 3.8.2012 confirming the order of detention and directing to continue the detention for six months from the date of detention. The petitioner challenges Ext.P1 order of detention on various grounds in this Writ Petition.

(3.) Heard Shri. O.V.Maniprasad, the learned counsel appearing for the petitioner, and Shri. T.Asaf Ali, the learned State Public Prosecutor appearing for the respondents.