SATHYAVATHI Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed invoking Art.226 of the Constitution of India, seeking issuance of a writ of habeas corpus in relation to the petitioner's husband Ramesh who is covered by Ext. P1 detention order dated 31/01/2014 which was executed on 03/02/2014.

(2.) The primary ground on which the detention order is challenged is that it has been passed without due application of mind inasmuch as irrelevant materials are considered and allegations which do not exist as against the petitioner in relation to criminal cases are treated as attributes against him. It is argued that such approach of the detaining authority and the sponsoring authority results in infraction of right to liberty and violation of the provisions of the Statute under which the detention order is passed, namely, the Kerala Anti - Social Activities (Prevention) Act, 2007, for short, "KAAPA". Learned counsel for the petitioner relied on the decision of this Court in WP (Crl.) No. 41 of 2012, which according to him, deals with a similar case.

(3.) Per contra, learned Additional Director General of Prosecution, on behalf of the State, pointed out that the allegations made against the petitioner in the criminal cases, when taken together, clearly fall within the terms 'known rowdy' and 'rowdy' defined respectively in Clauses (p) and (t) of S.2 of KAAPA and by virtue of S.7(4), the order of detention shall not be deemed to be invalid merely because one or more facts of the facts and circumstances cited among the grounds are vague, non - existent, irrelevant or invalid for any reason whatsoever and such order shall be deemed to have been made by the Government or the Authorised Officer after having been satisfied about the need for detention with reference to the remaining facts and circumstances, provided that the minimum conditions for being classified as a 'known goonda' or 'known rowdy' are satisfied. To buttress his argument, he cited the decision of the Honourable Supreme Court of India in Subramanian v. State of Tamilnadu and Another, 2012 KHC 4122 : 2012 (4) SCC 699 .