THAHIRA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the wife of Shajahan @ Kannan @ Shaji. In this writ petition, she is challenging Ext.P1 order of detention issued under Section 3(2) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as the 'Act' for short).

(2.) Briefly stated, facts of the case are that Shajahan, the detenu, was the accused in Crime Nos.1235/2010, 1273/2010, 1985/2012, 890/2009, 1232/2010, 1236/2010 and 147/2012 of Kottiyam Police Station. Among the above, Crime No.1237/2010 involves offences under the Indian Penal Code, whereas, rest of the cases involve offences under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Pointing out the involvement of the detenu in the above cases, the 3rd respondent submitted a report dated 22.12.2012 under Section 3(1) of the Act to the 2nd respondent requesting that the detenu be classified as a 'Known Goonda' as provided under Section 2(o) of the Act and that to prevent him from continuing his anti-social activities, he be detained under Section 3 of the Act. Subsequently, yet another report was made on 03.01.2013. Based on the above reports, the 2nd respondent initiated action and finally issued Ext.P1 order of detention dated 29.01.2013, classifying the detenu as a 'Known Goonda' under Section 2(o) of the Act and ordering his detention as provided under Section 3 (1) of the Act.

(3.) Accordingly, the detenu was arrested and is under detention since 03.05.2013. On the issuance of the order, the 2nd respondent reported the matter to the Government and the Government approved the order of detention as provided under Section 3(3) of the Act, by order dated 09.05.2013. Subsequently, the matter was referred to the Advisory Board constituted under Section 9 of the Act. Before the Advisory Board, the detenu was represented by a counsel and after affording an opportunity of being heard, the Advisory Board made its report to the Government. Thereafter, the Government issued order dated 16.07.2013 confirming the order of detention as provided under Section 10(4) of the Act. It is in these circumstances, this writ petition is filed challenging Ext.P1 order of detention and the consequential steps taken.