NARAYANAN, K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge in this writ petition is against Ext. P-1 order dated 19-1-2013 issued under Section 3 of the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as 'Act' for short).

(2.) Petitioner is the father of Rajesh (hereinafter referred to as 'detenu' for short). The detenu was accused in SC Nos. 315/08, 256/10, 201/10, 526/11 and CC No. 2989/12, which were pending at the Criminal Courts at Palakkad. All these cases were charge-sheeted based on the crimes registered at the Malampuzha Police Station. Pointing out the involvement of the detenu in the aforesaid criminal cases, the 3rd respondent, the sponsoring authority, submitted Ext. P-5 report dated 5-1-2013 to the 2nd respondent, the detaining authority. In this report, the 3rd respondent, after explaining the necessity to do so, requested that proceedings be initiated for classifying the detenu as a "known rowdy" as provided under Section 2(p) of the Act and to order his detention under Section 3 thereof in order to prevent the detenu from continuing his antisocial activities. Based on the report thus submitted, the 2nd respondent, the detaining authority passed Ext. P-1 order dated 19-1-2013 classifying the detenu as a known rowdy under Section 2(p) and ordered his detention under Section 3 of the Act. Accordingly, he was detained on 21-6-2013 and since then the detenu is in detention at the Central Prison, Kannur. It is in this background this writ petition has been filed with a prayer to set aside Ext. P-1 order 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.