LAWS(KER)-2023-7-16

SALMA Vs. STATE OF KERALA

Decided On July 20, 2023
SALMA Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) In this writ petition, the petitioner, the wife of the detenu, challenges Ext.P2 order of detention dtd. 28/02/2023 passed under Sec. 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA), by the third respondent treating the detenu as a 'known rowdy' and Ext.P5 order dtd. 28/04/2023 passed under Sec. 10 (4) of KAAPA by the first respondent confirming Ext.P2 order, detaining the husband of the petitioner for a period of six months.

(2.) Exts.P2 and P5 orders are challenged mainly on two grounds - (i) non application of mind by the detaining authority and (ii) noncompliance of Sec. 3(3) of KAAPA.

(3.) Heard Ms.Lakshmi N.Kaimal, the learned counsel for the petitioner and Sri.K.A.Anas, the learned Government Pleader.