AALIYA ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sister of Saad Ashraf ('detenu' for the sake of brevity). The detenu is undergoing detention pursuant to Ext.P1 order dtd. 26/7/2024 issued by the 2nd respondent under Sec. 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 ('KAAP Act' for brevity). The order was approved by the Government on 8/8/2024 and the case was referred to the Advisory Board. The Advisory Board gave its opinion on 30/9/2024 and on its basis, the detention order was confirmed by the Government on 9/10/2024. By this Writ Petition, the petitioner challenges Ext.P1 order and seeks for the issuance of a Writ of Habeas Corpus commanding the production of the body of the detenu and to set him at liberty.

(2.) The records made available before this Court reveal that the detenu was earlier detained under Sec. 3(1) of the KAAP Act and a detention order was passed on 26/7/2023. He underwent detention for six months from 4/8/2023 to 3/2/2024. After his release, he got involved in Crime No.35/2024 of the Excise Enforcement and Narcotic Squad, Kannur.

(3.) On 25/6/2024, the District Police Chief submitted a proposal seeking the initiation of proceedings. The detaining authority after arriving at the requisite satisfaction, issued Ext.P1 detention order.