NALINI W/O. KANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the mother of one Gopakumar @ Gopan. In this writ petition, she challenges Ext.P1 order passed by the second respondent under section 3 of the Kerala Anti-social Activities (Prevention) Act, 2007, hereinafter referred to as the 'Act', detaining Gopakumar (hereinafter referred to as the 'detenu', for short).

(2.) Briefly stated, the facts are that the detenu is an accused in Crime Nos.250/07, 115/11, 233/11, 2124/12 and 1098/12 at the Town North Police Station, Palakkad. He is also an accused in Cr.Nos.253/08, 309/13 and 267/13 of the Hemambika Nagar Police Station, Palakkad. Further, he is an accused in Cr.No.233/09 on the file of the Kalamassery Police Station in Ernakulam district. Referring to the involvement of the detenu in the above criminal cases, involving offences specified in section 2(t) of the Act, the third respondent submitted Ext.P3 report dated 26.6.2013 to the second respondent, enclosing Ext.P5, the order granting bail to the detenu in Cr.No.309/13 mentioned above. He also submitted Ext.P4 dated 12.7.2013, a further report, to the second respondent, enclosing Ext.P6, the order granting bail to the detenu in Cr.No.267/13. In these reports, the third respondent requested that steps be initiated for classifying the detenu as a 'Known Rowdy' as provided under section 2(p)(iii) of the Act and on that basis, to detain him under section 3, in order to prevent him from continuing his anti-social activities.

(3.) Based on the above materials submitted by the sponsoring authority, the second respondent, the detaining authority, passed Ext.P1 order dated 18.7.2013, classifying the detenu as a 'Known Rowdy' under section 2(p)(iii) of the Act and ordering his detention as provided in section 3(1). The Government of Kerala, in exercise of its powers under section 3(3) of the Act, approved the order of detention by order dated 31.7.2013. Subsequently, the matter was referred to the Advisory Board on 12.8.2013 and based on the report submitted by the Board, the Government, in compliance with section 10(4) of the Act, passed order dated 25.9.2013, confirming Ext.P1 order of detention. It is in this background, this writ petition has been filed by the mother of the detenu seeking to challenge Ext.P1 order and to set the detenu at liberty by the issuance of a writ of habeas corpus.