HIDAYATH K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The question of law involved in this Writ Petition is whether an order of detention under S.3 of the Kerala Anti - Social Activities (Prevention) Act, 2007 (hereinafter referred to as the KAAPA) can be issued without recourse to passing an order under S.15 of the KAAPA.

(2.) Anwar, the son of the petitioner, was ordered to be detained as per the order issued by the second respondent under S.3(1) of the KAAPA. Anwar was arrested on 15/09/2013 in execution of the order of detention. The procedural formalities were completed regarding approval by the Government under S.3(3) of the KAAPA. The Advisory Board opined that there is sufficient cause for the detention of Anwar. The Government confirmed the order of detention as provided under sub-section (4) of S.10 of the KAAPA. In this Writ Petition, the order of detention is under challenge. The learned counsel for the petitioner raised three points for consideration.

(3.) The order of detention was issued against the detenu considering him as a known rowdy as defined under S.2(p)(iii) of the KAAPA. The detenu was involved in nine criminal cases. It is submitted that at the time when the Advisory Board considered the matter, the detenu was acquitted in two cases and even thereafter he was acquitted in another case. The detaining authority was satisfied that with a view to prevent the detenu from committing any anti - social activity within the State of Kerala in any manner, it was necessary to make an order directing him to be detained. The subjective satisfaction was arrived at on the basis of the materials available before the second respondent. There is no dispute that the cases in which the detenu is involved would be sufficient to treat him as a known rowdy under the KAAPA.