ABIDHA BEEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) The following questions arise for consideration in this Writ Petition:

(2.) Heard Shri Blaze K. Jose, the learned counsel appearing for the petitioner, and Shri K.I. Abdul Rasheed, the learned Addl. State Public Prosecutor appearing for the respondents. Detailed arguments have been advanced by both the sides before us.

(3.) The Deputy Commissioner of Police, 3rd respondent, submitted Ext. P-2 report to the 2nd respondent requesting him to pass an order under Section 3 of KAA(P)A for detaining the detenu as he is a 'known rowdy' indulging himself in anti-social activities necessitating his detention. The 2nd respondent, after considering Ext. P-2, found the detenu to be a 'known rowdy' as defined under Section 2 (p) of KAA(P)A. The 2nd respondent, in Ext. P-1 detention order, considered the following five criminal cases in which the detenu is involved: