DEVAKI Vs. STATE OF KERALA

JUDGEMENT

(1.) The questions involved in this Writ Petition are: (1) Can a drug-offender as defined in S. 2(i) be considered as a goonda under S. 2(j) so as to term him as a "known goonda" under S. 2(o) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as 'the KAAPA'), without proving that he is involved in any illegal activity which is harmful for the maintenance of public order (2) Whether it is necessary to show that the activities of the person concerned are harmful to the maintenance of public order as mentioned in S. 2(j) of the KAAPA, if it is shown that he has been indulging in any anti-social activity as defined under S. 2(a) of the Act. The petitioner is the mother of Sajeevan, who has been detained in prison in execution of an order of detention under S. 3 of the KAAPA. Sajeevan is hereinafter referred to as the detenu.

(2.) An order of detention dated 6.2.2014 was passed by the District Magistrate, Thrissur against the detenu under S. 3 of the KAAPA, with a view to prevent him from committing any anti-social activity within the State of Kerala in any manner, the detenu being a "known goonda" as defined under S. 2(o) of the KAAPA. The order of detention is under challenge in this Writ Petition.

(3.) The order of detention shows, and it is not disputed, that the detenu was earlier detained under S. 3 of the KAAPA as per the order dated 22.9.2007 and he had completed his term of detention. The order of detention further shows that after release from detention, the detenu continued to indulge in anti-social activities endangering the safety of the general public and the public health. The detenu is involved in four cases as shown below: