NASEEMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the wife of Shameer, S/o. Sulaiman ('detenu' for the sake of brevity) and her challenge in this Writ Petition is directed against Ext.P2 order of detention dtd. 26/11/2024 passed by the 2nd respondent under Sec. 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 ('KAA(P) Act' for brevity). The said order stands confirmed by the Government, vide order dtd. 31/1/2025, after obtaining the opinion of the Advisory Board, and the petitioner's husband has been ordered to be detained for a period of six months with effect from the date of detention.

(2.) The records reveal that a proposal was submitted by the District Police Chief, Thrissur City, on 15/11/2024 seeking initiation of proceedings against the detenu under the KAA(P) Act before the jurisdictional authority, the 2nd respondent. For the purpose of initiation of the said proceedings, the detenu was classified as a 'known rowdy' as defined under Sec. 2(p)(iii) of the KAA(P) Act.

(3.) Altogether, 7 cases in which the detenu was involved have been considered by the jurisdictional authority for passing the order of detention. Out of the 7 cases considered, the case registered with respect to the last prejudicial activity is crime No.1298/2024 of Kunnamkulam Police Station, alleging the commission of offences punishable under Ss. 115(2), 118(1), 110, 351(3) of Bharatiya Nyaya Sanhita (for short 'BNS') and Sec. 15(4) of KAA(P) Act.