ABDUL SAMAD Vs. STATE OF KERALA AND ORS

JUDGEMENT

(1.) Petitioner is the father of Shabeer Ali @ Karuman @ Shabir @ Titan (hereinafter referred to as the detenu for short). On the basis that the detenu is an accused in Crime No.4 of 2011 and Crime No.2647 of 2012 of of Town South Police Station, Palakkad and Crime No.663 of 2013 of Town North Police Station, Palakkad, Crime No.82 of 2011 of Pattambi Police Station, Crime No.142 of 2011 of Ottappalam Police Station and Crime No.334 of 2012 of Thrissur East Police Station, the District Police Chief, Palakkad made reports dated 17.5.2013 and 18.6.2013 to the second respondent, the detaining authority, with a recommendation that the detenu be classified as a known rowdy and detained under Section 3 of the Kerala Anti Social Activities (Prevention) Act 2007 (hereinafter referred to as the Act for short).

(2.) Based on the report, proceedings were initiated under the Act and the second respondent issued Ext.P1 order dated 3.7.2013 ordering the detention of the detenu under Section 3(2) of the Act. Accordingly, the detenu was arrested and detained on 24.7.2013. The order of detention was approved by the Government of Kerala by its order dated 31.7.2013. Subsequently, based on the report of the Advisory Board, the detention was confirmed by the Government by Ext.P3 order dated 4.9.2013. It is in these circumstances, this writ petition has been filed seeking to set aside Ext.P1 order of detention and with a prayer to issue a writ of Habeas Corpus for the production and to set the detenu at liberty.

(3.) We heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.