RADHIKA B. Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The issues for consideration in these references to the Full Bench relate to some of the provisions regarding preventive detention under the Kerala Anti-Social Activities (Prevention) Act, 2007, for short, the "Act". The second among the captioned matters is referred and tagged along, in view of the order of reference in the former.

(2.) Heard the learned counsel for the parties in both the matters, including the State Government's counsel.

(3.) The reasoned order of reference is made doubting the correctness of the judgment of the Division Bench of this Court in Praseetha v. State of Kerala, 2009 4 ILR(Ker) 896]. The short issue for consideration is as to whether the alleged occurrences taken into consideration while passing an order of detention, which was revoked by the Government under Section 10(4) of the Act on the advice of the Advisory Board, could be counted along with the later prejudicial acts, for issuance of another detention order under Section 3 of the Act in terms of Section 13(2) thereof.