LAWS(KER)-2023-7-71

SILPA MOL Vs. STATE OF KERALA

Decided On July 03, 2023
Silpa Mol Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Ext.P7 detention order dtd. 02/09/2022 issued under Sec. 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA) by the second respondent (R2) against the detenu, the husband of the petitioner, is under challenge in this writ petition. Ext.P7 detention order has been confirmed under Sec. 10(4) KAAPA by the first respondent (R1) by Ext.P13 order dtd. 14/11/2022.

(2.) Heard Sri.S.Mohammad Al Rafi, the learned counsel for the petitioner and Sri.K.A.Anas, the learned Government Pleader for the respondent.

(3.) Following are the grounds on which Ext.P7 order is challenged-(i) non compliance of Sec. 3(3) of KAAPA. (ii) non application of mind by the detaining authority and (iii) the detenu does not fall within the contours of Sec. 13(2)(i) of KAAPA.