INDU K.R. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the wife of Shyam Kumar ('detenu' for the sake of brevity) and her challenge in this Writ Petition is directed against Ext.P1 order of detention dtd. 14/11/2024 passed by the 2nd respondent under Sec. 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 ('KAA(P) Act' for brevity). After considering the opinion of the Advisory Board, the said order of detention was confirmed by the Government vide order dtd. 22/1/2025 and the detenu was ordered to be detained for a period of six months from the date of execution of the order.

(2.) The records reveal that a proposal was submitted by the District Police Chief, Ernakulam Rural on 17/10/2024 seeking initiation of proceedings against the petitioner's husband 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 goonda' as defined under Sec. 2(o)(ii) of the KAA(P) Act. Altogether six cases in which the petitioner's husband was involved have been considered by the detaining authority for passing the impugned order of detention and the details of the said cases are given below:-

(3.) The records further reveal that the detenu is involved in 25 cases altogether. However, for the purpose of passing the detention order, which is under challenge in this writ petition, the jurisdictional authority reckoned only the abovementioned six cases, which were registered within the last seven years preceding the date of the detention order. Out of the said six cases, the case registered with respect to the last prejudicial activity is crime No.1294/2024 of Perumbavur Police Station, alleging the commission of offences punishable under Ss. 8(c), 20(b)(ii)B & 29 of NDPS Act and the detenu is arrayed as the 1st accused in the said case.