KUMAR Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The Writ Petition is filed by the father of Sarath @ Kunjumon, who was detained as per the order passed under S.3(1) of the Kerala Anti - Social Activities (Prevention) Act. The order of detention is dated 28/05/2015 issued by the District Magistrate, Thiruvananthapuram. The order was executed on 05/06/2015 and the detenu was detained. The detenu challenges the order of detention as well as the continued detention.

(2.) As per Ext. P1 order of detention, the detenu was classified as a known rowdy. It is stated in Ext. P1 that the detenu is involved in ten crimes registered in the years 2013, 2014 and 2015, nine crimes at Chirayinkeezhu Police Station and the last crime at Attingal Police Station. The crime registered at Attingal Police Station was registered suo motu by the police and therefore, it was excluded from the purview of consideration.

(3.) Ext. P1 order of detention dated 28/05/2015 refers to two reports dated 07/05/2015 and 25/05/2015 submitted by the District Police Chief. The contention of the petitioner is that the report dated 25/05/2015 was not served on the detenu. On verification of the original records, we could not find copy of the report dated 25/05/2015. Instead, we could find a report dated 23/05/2015 submitted by the Sub Inspector of Police, Chirayinkeezh Police Station to the District Police Chief, Thiruvananthapuram, in which reference to three crimes committed after the date of submission of the first report is made. The copy of this letter sent by the Sub Inspector of Police to the District Police Chief was supplied to the detenu. However, the report dated 25/05/2015 submitted by the District Police Chief to the District Magistrate and which is referred to in the first paragraph in the order of detention was not supplied to the detenu.