RASIYA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the mother of one Aboobaker Sidique ('detenu' for the sake of brevity), and her challenge in this Writ Petition is directed against Ext.P1 order of detention dtd. 9/1/2025 passed by the 2nd respondent under Sec. 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 ('KAA(P) Act' for brevity). After considering the opinion of the Advisory Board, the said order stands confirmed by the Government, vide order dtd. 5/3/2025, and the detenu has been ordered to be detained for a period of one year with effect from the date of detention.

(2.) The records reveal that it was after considering the recurrent involvement of the detenu in criminal activities, a proposal was submitted by the District Police Chief, Kasaragode, on 14/12/2024, seeking initiation of proceedings against the detenu under Sec. 3(1) of the KAA(P) Act before the jurisdictional authority, the 2nd respondent. Altogether, five cases in which the detenu was involved have been considered by the detaining authority for passing the impugned order of detention. Out of the said cases, the case registered with respect to the last prejudicial activity is crime No.848/2024 of Manjeswaram Police Station, registered alleging commission of offence punishable under Sec. 22(b) of NDPS Act.

(3.) We heard Sri. M.H. Hanis, the learned counsel appearing for the petitioner, and Sri. K.A. Anas, the learned Government Pleader.