UMESAN P. V. Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers in the afore captioned W.P.(Crl.), seeking for issuance of writ of Habeas Corpus and writ of certiorari, in regard to the challenge made against the order, preventively detaining the detenu in this case, are as follows:

(2.) Heard Sri.M.Sasindran, learned Advocate, instructed by Sri.Satheesan Alakkadan, learned counsel appearing for the petitioner and Sri.K.A. Anas, learned Public Prosecutor, appearing for the respondents.

(3.) The brief of the relevant facts of this case is as follows: The petitioner herein is the brother of the detenu in this case, covered by the impugned detention order at Ext.P11. The 3rd respondent-District Police Chief, has submitted Ext.P10 report dtd. 6/4/2022 and additional report dtd. 4/5/2022, recommending to the 2nd respondent-District Collector/District Magistrate, who is the authorised detaining authority, that, in view of the aspects stated in these reports, it is a fit case for the 2 nd respondent to issue orders under Sec.3(1) of the Kerala Anti-Social Activities Prevention Act [KAAPA], 2007 [hereinafter referred to as 'the Act' for short], so as to preventively detain the detenu with a view to prevent him from further committing prejudicial anti-social activities, as understood in Sec.2(a) of the said Act. Pursuant to the said reports of the sponsoring authority, the 2nd respondent has issued Ext.P11 order dtd. 18/5/2022, ordering under Sec.3(1) of the Act that, the detenu shall be preventively detained, so as to prevent him from further committing prejudicial anti-social activities. Ext.P11 detention order dtd. 18/5/2022 was duly executed with the arrest of the detenu on 24/5/2022. Further that, the 2 nd respondent has forthwith communicated Ext.P11 detention order and all the other relevant materials to the 1st respondent-State Government. The 1st respondent-State Government has issued order dtd. 2/6/2022, approving Ext.P11 detention order, in terms of Sec.3(3) of the Act, within the mandatory 12 days period, excluding public holidays. Thereafter, the 1st respondent-State Government has made the necessary request, along with the materials, to the statutory Advisory Board, seeking their opinion in the matter, as conceived in Sec.9 of the Act. The statutory Advisory Board, after hearing the detenu, has given their report on 13/7/2022, recommending to the Government, that there is sufficient cause for detention of the detenu, in terms of Ext.P11 order. Thereafter, the 1st respondent-State Government has issued Ext.P12 G.O.(Rt) No.2075/2022/HOME, dtd. 27/7/2022, confirming Ext.P11 detention order.