SHAHUL HAMEED Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers in the instant Writ Petition (Criminal) seeking for issuance of Writs of Habeas Corpus and Certiorari, in relation to the challenge against the detention under Sec.3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as "The Act" for short) are as follows:

(2.) Heard Sri.M.H.Hanis, learned counsel appearing for the petitioner and Sri.K.A.Anas, learned Prosecutor appearing for the respondents.

(3.) The petitioner herein is the father of the detenu in this case (Shabeek @ Shafeek @ Bava, aged 38 years). The 3rd respondent - District Police Chief, as the sponsoring authority, has submitted reports dated 4 6.2022, 26/6/2022 and 6/7/2022 to the 2nd respondent - District Collector (authorized detaining authority) stating that, in view of the facts detailed therein, it is a fit case to enable the 2nd respondent to pass orders, under Sec.3(1) of the above Act, so as to detain the detenu, in order to prevent him from committing further prejudicial anti-social activities, as conceived in Sec.2(a) of the Act. The 2nd respondent has, thereupon, issued the impugned Ext.P-1 detention order, dtd. 19/7/2022, ordering that the said authority is satisfied that, an order should be issued so as to detain the detenu, under Sec.3(1) of the Act, in order to prevent him from committing further prejudicial anti-social activities. According to the respondents, Ext.P-1 detention order has been forthwith communicated to the 1st respondent - State Government along with all the relevant records. The necessary proposal for approval of the detention order was also made and thereupon, the 1st respondent - State Government has approved Ext.P-1 detention order, on 2/8/2022, in terms of Sec.3(3) of the Act. It is thereafter that the 1st respondent - State Government has referred the matter for considered opinion of the statutory Advisory Board on 5/8/2022. The Advisory Board has given its report on 16/9/2022, informing the Government that there is sufficient cause for the issuance of Ext.P-1 detention order, pursuant to which, the 1st respondent - State Government has issued order, as per G.O.(Rt.) No. 2689/2022/HOME dtd. 29/9/2022, confirming Ext.P-1 detention order.