MARIAMMA ANTONY Vs. STATE OF KERALA

JUDGEMENT

(1.) The Judgment of the Court was delivered by K.T. Sankaran, J.--The question involved in this Writ Petition is whether a person who apprehends arrest in execution of an order of detention under Section 3 of the Kerala Anti-Social Activities (Prevention) Act, 2007 (herein after referred to as the KAAPA) is entitled to get a copy of the order of detention by the issue of a writ of mandamus under Article 226 of the Constitution of India, to enable him to challenge the order of detention at the pre-execution stage.

(2.) It is stated in the Writ Petition that the son of the petitioner was arrested on 6-3-2013 in connection with Crime No. 313 of 2012 of Nedumudi Police Station and he was produced before the Judicial Magistrate of the First Class Ramankari. The son of the petitioner was remanded to judicial custody. It is stated that he was granted bail subsequently, but he was not released on bail on account of non availability of sureties. It is averred in the Writ Petition that in Exhibit P-1 remand report, it was mentioned that the District Magistrate, Alappuzha, had issued an order of detention against the son of the petitioner under Section 3(1) of the KAAPA. It is also stated that he was not arrested in execution of the detention order.

(3.) The relief prayed for in the Writ Petition is to issue a writ of mandamus or any other appropriate writ, order or direction to the first respondent, State of Kerala, to furnish a copy of the order of detention passed against the petitioner's son along with the report submitted by the District Police Chief, Alappuzha, and also other documents relied upon by the detaining authority. It is stated that the detention order is proposed to be challenged at the pre-execution stage, for which it is necessary to peruse the documents, copies of which are sought for.