RAPPAYI Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) THE son of the petitioner, namely, Arun @ Nellu was detained under Section 3 of the Kerala Anti -Social Activities (Prevention) Act, 2007, (hereinafter referred to as "the Act"), as per Ext. P1 order of detention dated 17/08/2014. This writ petition is filed by the father of the detenu praying for the issue of a writ of habeas corpus directing the respondents to produce the detenu before court, for the issue of a writ of certiorari to quash Ext. P1 order of detention and for releasing the detenu. Ext. P1 order of detention shows that the detenu was involved in six crimes registered at Ollur Police Station, which come under the category of Section 2(t)(i) and 2(t)(ii) of the Act and therefore, the detenu satisfies the definition of "known -rowdy" under Section 2(p)(iii) of the Act.

(2.) THE learned counsel for the petitioner raised the following four points for consideration.

(3.) POINTS 1 and 2: - To consider these contentions, it is necessary to comprehend the scheme of the Act. Section 3 of the Act provides for making an order for detaining a person who is either a "known -goonda" or "known -rowdy" as defined under the Act. The order of detention can be passed by the Government or an officer authorised by the Government under Section 3(2) of the Act. When an order is made under Section 3 of the Act by the authorised officer, he is bound to submit a report to the Government and the Director General of Police, Kerala, together with a copy of the order and supporting records and the Government or the Secretary, Home Department, authorised in that behalf has to approve the order of detention within 12 days. Unless such approval is granted within 12 days, no order of detention shall remain in force beyond 12 days, as provided under Sub -section (3) of Section 3 of the Act. Section 7(2) of the Act reads as follows: -