SUSHA Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) Sreejith @ Unni, the husband of the petitioner, was detained under S.3(1) of the Kerala Anti - Social Activities (Prevention) Act (hereinafter referred to as 'the KAAPA') as per Ext. P1 detention order dated 25/01/2015. The order of detention was executed on 30/01/2015. Based on the report of the Advisory Board, the order of detention was confirmed by the Government on 24/03/2015 as per Ext. P11 order and ordered the detention of the detenu for a period of one year with effect from the date of detention.

(2.) The detenu was detained on earlier occasions also under the KAAPA. The first order of detention dated 05/09/2011 was set aside as per the judgment in WP (Crl) No. 505 of 2011 and the detenu was released from jail. Thereafter, as per Ext. P6 order of detention dated 04/02/2013, the detenu was detained under S.3(1) of the KAAPA. That order of detention was confirmed and the detenu was ordered to be detained for a period of six months. The detenu was released after the expiry of the period of six months. The detenu was involved in two crimes registered in the year 2014 and based on the subsequent events, the third detention order was passed on 25/01/2015 which is under challenge in this Writ Petition.

(3.) Though several grounds are raised in the Writ Petition, we do not find it expedient to refer to all the grounds except the following: The learned counsel for the petitioner submitted that the KAAPA was amended by the Kerala Anti - Social Activities (Prevention) Amendment Act, 2014, Act 41 of 2014, which came into force on 31/12/2014. S.12, which provided that the maximum period for which any person may be detained in pursuance of any detention order made under the Act, which has been confirmed under S.10, shall not exceed six months from the date of detention, was substituted by the Amendment Act. The substituted S.12 reads as follows: