RESHMA RAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the daughter of Raj an Nair alias Nilavarassery Rajan. She has filed this writ petition challenging Ext.Pl, an order issued by the second respondent exercising his powers under the Kerala Anti-Social Activities (Prevention) Act 2007, detaining Sri. Rajan Nair (hereinafter referred to as 'the detenu' for short).

(2.) Brief facts of the case are that the detenu is an accused in Crime No.213/2007 of Kariyilakulangara Police Station, Crime Nos.129/2012, 130/2012, and 70/2013 of the Chengannoor Excise Office and Crime No.872/2012 of the Mannar Police Station. Pointing out the involvement of the detenu in the above five criminal cases and also highlighting the necessity to keep him in preventive detention to prevent him continuing his anti-social activities, the third respondent submitted Ext.P3 report, under Section 3(1) of the Act to the second respondent. On the basis of the information thus received and considering the other materials that were also made available to him the second respondent passed Ext.Pl order, classifying the detenu as a 'known goonda' as defined under Section 2 (o) of the Act and ordering his detention under Section 3 (2) of the Act in order to prevent him from continuing anti-social activities, which expression is also defined under Section 2 (a) of the Act. In execution of Ext.Pl order, the detenue was arrested and detained from 31.01.2014 and since then he is in detention at the Viyyoor Central Jail. The detention was approved by the Government as provided under Section 3 (3) and based on the report of the Advisory Boarc the detention was also confirmed by the Government, as provided under Section 10 of the Act. It is in this background the writ petition is filed.

(3.) We heard the learned counsel for the petitioner and also the learned Additional Director General of Prosecution who appeared for the respondents.