FAZALUDIN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the father of Shafeek (hereinafter referred to as the detenu for short). Detenu is an activist of Communist party of India and is the Branch Secretary of Punalur Market Road Branch of the party. He is also an activist of All India Youth Federation in Punalur. He was accused in Crime Nos.949 of 2008, 902 of 2009, 1296 of 2010, 1319 of 2010, 1136 of 2011, 146 of 2013 and 147 of 2013, all registered at Punalur Police Station for offences under the Indian Penal Code and Prevention of Damage to Public Property Act.

(2.) Pleadings show that narrating the involvement of the detenu in the aforesaid cases, 4th respondent made Ext.P4 report to the 3rd respondent on 16.2.2013. On the basis of the said report, additional 6th respondent submitted Ext.P6 report under Section 3 of the Kerala Anti Social Activities (Prevention) Act 2007 (hereinafter referred to as the Act for short) to the second respondent. In Ext.P6 report, second respondent was requested to initiate action against the detenu under the Act for classifying him as a known rowdy under Section 2(p) of the Act and to detain him under Section 3 thereof.

(3.) On the basis of the report thus received, second respondent initiated action under the Act and issued order dated 27.5.2013 classifying the detenu as a known rowdy and ordering his detention as recommended in Ext.P6. Ext.P1, P2 and P3 are the memo for executing the detention order, the grounds of detention and the Jail Admission Authorisation, which were all issued on 27.5.2013 in pursuance to the detention order. Based on the detention order, the detenu was arrested and detained on 9.6.2013 and since then, he is undergoing detention. It is in this background, this writ petition has been filed by his father seeking to impugn the order of detention and praying for a writ of habeas corpus to set the detenu at liberty.