JUNAIDA Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is instituted seeking a writ of Habeas Corpus directing the respondents to produce the son of the petitioner who is detained in terms of Ext.P1 order issued under Sec. 3(1) read with Sec. 3(2) of the Kerala Antisocial Activities (Prevention) Act, 2007 (the Act). The petitioner seeks the relief aforesaid on the premise that the detention order is illegal.

(2.) Ext.P1 order was issued on 23/11/2022 and the same was approved by the Government on 5/12/2022 as provided for under Sec. 3(3) of the Act. In the meanwhile, on 25/11/2022, the detention order was executed. Ext.P1 order proceeds on the premise that the son of the petitioner is a known rowdy and that with a view to prevent him from committing any antisocial activity, it is necessary to detain him.

(3.) Though several contentions were raised in the writ petition, the only contention pressed by the learned counsel for the petitioner at the time of hearing is that the order of detention is illegal inasmuch as the procedural requirement under Sec. 3(3) of the Act has not been complied with. The argument advanced by the learned counsel for the petitioner in this regard is that in terms of Sec. 3(3) of the Act, it is obligatory for the Authorised Officer exercising power under Sec. 3(2) of the Act to report forthwith the factum of detention to the Government and the Director General of Police, together with a copy of the order and supporting records, which, in his opinion, have a bearing on the matter and that the said procedural requirement has not been complied with by the Authorised Officer. It was asserted by the learned counsel that though the order of detention was passed as early as on 23/11/2022, the same along with the supporting documents have been forwarded to the Government as provided for under Sec. 3(3) of the Act only on 30/11/2022. According to the learned counsel, the said conduct on the part of the Authorised Officer cannot be accepted as one in compliance with the requirement under Sec. 3(3) of the Act. The learned counsel has relied on the decision of this Court in Anupama S.V. v. State of Kerala, 2022 (5) KHC 281, in support of the said argument.