RAJESH BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The present Writ Petition is the third Writ Petition filed by the petitioner even before he was detained under the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as 'KAAPA'). The petitioner filed W.P. (C) No. 6778 of 2012 for a declaration that he cannot be treated as a "known depredator" on the basis of the cases registered against him by the police and for the issue of a writ of mandamus, direction or order directing the District Collector, Kollam not to pass any detention order against the petitioner. The said Writ Petition was disposed of by Ext. P16 judgment dated 04/04/2012. The Division Bench held that the reliefs sought for by the petitioner could not be granted. However, the Division Bench observed that the detaining authority would apply its mind to the facts and circumstances pointed out by the petitioner including revocation of the order of detention issued earlier and subsequent developments, before passing any order of detention. Earlier, as per the order dated 26/03/2011 issued under Section 3 of KAAPA, the petitioner was detained. However, the Advisory Board opined that there was no sufficient cause for the detention of the petitioner. Accordingly, the Government issued Ext. P10 order of revocation dated 03/06/2011. Thereafter, it was proposed to issue another order of detention against the petitioner and at that juncture, the petitioner filed W.P. (C) No. 6778 of 2012 referred to above.

(2.) After the disposal of W.P. (C) No. 6778 of 2012 and before issuing another order of detention, the petitioner filed W.P. (C) No. 10487 of 2012 for the following reliefs:

(3.) W.P. (C) No. 10487 of 2012 was dismissed as per Ext. P18 judgment dated 06/06/2012 holding that the petitioner did not make out sufficient grounds for challenging the order of detention at the pre-execution stage as held in Additional Secretary to the Government of India and Others v. Alka Subhash Gadia and Another, 1992 SCC(Cri) 301and Union of India and Others v. Atam Parkash and Another, 2009 1 SCC 585 . Ext. P18 judgment was challenged by the petitioner before the Honourable Supreme Court in SLP No. 22440 of 2012, but the Special Leave Petition was dismissed as per Ext. P20 order dated 17/07/2012.