SWATHI S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers in the instant writ petition (Criminal) seeking for writs of Habeas Corpus and quashment in relation to the challenge against the detention order issued under the Kerala Anti-Social Activities Prevention Act, 2007 are as follows:

(2.) Heard Sri.Sojan Michael, learned Counsel appearing for the petitioner and Sri.K.A.Anas, learned Prosecutor appearing for the respondents. The petitioner is the wife of the detenu, Sri.P.Pradeep Kumar, who has been ordered to be preventively detained under Sec. 3 (1) of the Kerala Anti Social Activities (Prevention) (KAA(P)) Act, 2007 involved in this case. The brief facts leading into this case are as follows:

(3.) The 3rd respondent District Police Chief who is the sponsoring authority has sent Ext.P3 report dtd. 6/4/2022 to the 2nd respondent District Collector and District Magistrate, recommending that in view of the aspects stated in the said report, it is a fit case to invoke the discretion under Sec. 3(1) of the above Act so as to preventively detain the detenu under Sec. 3(1) of the Act as otherwise he is very likely to engage in further serious prejudicial anti social activities as envisaged in Sec. 2(a) of the Act. After consideration of the said report, the 2nd respondent District Collector cum District Magistrate who is the authorized detaining authority in terms of Sec. 3(3), has issued the impugned Ext.P1 detention order dtd. 21/5/2022 ordering that the detenu would fulfill the essential parameters of 'known rowdy' as per Sec. 2(p) of the Act and that the 2nd respondent is satisfied on the materials that it is necessary to issue order under Sec. 3(1) of the Act so as to preventively detain the detenu with a view to prevent him from committing further prejudicial anti-social activities. Ext.P1 detention order was executed on 25/5/2022. According to the 2nd respondent, he has forthwith sent Ext.P1 detention order along with all relevant documents to the 1st respondent State Government on 21/5/2022 itself. Further that Ext.P1 detention order was approved by the 1st respondent State Government on 9/6/2022. Further, the 1st respondent State Government had referred the matter to the statutory Advisory Board on 10/6/2022 for latter's opinion. The Advisory Board after affording opportunity of hearing to the detenu has submitted their report dtd. 15/7/2022 to the State Government recommending that there is sufficient cause to detain the detenu. Thereafter, the 1st respondent State Government has issued Ext.P4 order dtd. 21/7/2022 confirming Ext.P1 detention order under Sec. 10(4) of the Act and thereby fixing that the period of detention would be six months from the date of detention.