RAHILA NAZEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner challenges in this writ petition the order of detention as well as the continued detention of her husband Nazeer @ Bhai Nazeer, who has been detained under Section 3 (1) of the Kerala Anti -social Activities (Prevention) Act, 2007 (hereinafter referred to as 'the KAA (P) Act'). The order of detention was issued on 17.8.2015. It was executed on 20.08.2015. The order of detention was confirmed on 08.10.2015. The detenu was classified in the order of detention as a "known rowdy". The detaining authority took into account six cases in which the detenu was involved.

(2.) There was an earlier order of detention against the detenu under Section 3 (1) of the KAA(P) Act. That order was revoked on 24.02.2014 based on the opinion given by the Advisory Board.

(3.) Proceedings under Section 107 of Cr.P.C. were also initiated against the detenu on two occasions. It was alleged in the order of detention that the detenu indulged in criminal activities contrary to the terms of the bond executed by him in the proceedings under Section 107 of Cr.P.C.