LALI SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) An order of detention dtd. 28/12/2024 passed under Sec. 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 ('KAA(P) Act' for brevity) against one Joji, S/o. Shaji, is under challenge in this writ petition. The petitioner herein is the mother of the detenu. After considering the opinion of the Advisory Board, the Government vide order dtd. 17/2/2025 has confirmed the order, and the son of the petitioner has been ordered to be detained for a period of six months from the date of detention.

(2.) As revealed from the records, the proposal for initiation of proceedings under Sec. 3(1) of the KAA(P) Act was submitted by the District Police Chief, Ernakulam Rural. 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. For passing the order of detention, the authority reckoned 7 cases in which the detenu got involved. The case registered with respect to the last prejudicial activity is Crime No.1093/2024 of Kuruppampady Police Station, alleging the commission of offences punishable under Ss. 110, 296(b), 115(2), 126(2), 351(2), 309(6) r/w 3(5) of Bharatiya Nyaya Sanhita (for short "BNS") and Sec. 3(2)(va) of SC/ST (prevention of attrocities) Act.

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