VAISHNAVI P. Vs. STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by Ext.P1 order dtd. 20/6/2024 under Sec. 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 [for short 'KAA(P)A'] of the District Magistrate, Palakkad, in respect of the preventive detention of the friend of the petitioner, the present petition is filed by her under Article 226 of the Constitution of India for a Writ of Habeas Corpus.

(2.) Ext.P1 order has been passed by the 2nd respondent (Detaining Authority) classifying the detenu as a 'known goonda' on the basis of the report dtd. 3/6/2024 of the District Police Chief, Palakkad in respect of the following crimes mentioned in the table below: <IMG>JUDGEMENT_43_LAWS(KER)8_2024_1.jpg</IMG> <IMG>JUDGEMENT_43_LAWS(KER)8_2024_2.jpg</IMG>

(3.) Based on the aforesaid report of the District Police Chief, Palakkad (3rd respondent), the 2nd respondent found that the detention of the petitioner's friend Mr.Ahammed Nizam @ Shibu (referred hereinafter as 'detenu'), is highly necessary for the maintenance of public order. Accordingly, Ext.P1 order was passed, as per which the detenu was confined to High Security Prison, Viyyur on 24/6/2024. The petitioner challenges the aforesaid order on various grounds among which we propose to discuss only the relevant one for the sake of brevity.