SUSHA, AGED 21 YEARS, W/O. SREEJITH @UNNI, PUTHUVAL PUTHANVEEDU, THURUTHUMOOLA, ADUPPUKOOTANPARA,PEROORKADA, THIRUVANANTHAPURAM Vs. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT OF KERALA(HOME DEPARTMENT) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM

JUDGEMENT

(1.) The questions involved in this Writ Petition are the following: (1) For computing the period of twelve days, excluding public holidays, from the date of detention, under sub-section (3) of Sec. 3 of the Kerala Anti-social Activities (Prevention) Act (hereinafter referred to as 'the KAAPA') whether Sundays can be excluded? (2) When the detenu submits a representation to the Advisory Board with a request to forward the representation to the Government for consideration of the representation by the Government independently and expeditiously without waiting for the opinion of the Advisory Board, whether non-consideration of the representation by the Government would vitiate the continued detention of the detenu?

(2.) The detenu, Sreejith @ Unni, was detained on 21.1.2016 in execution of the order of detention dated 14.1.2016 issued by the District Magistrate, Thiruvananthapuram under Sec. 3(1) of the KAAPA. The Government issued the order of approval under Sec. 3(3) of the KAAPA on 4.2.2016, which was beyond the period of fifteen days from the date of detention.

(3.) The present order of detention is the 4th one passed against the detenu. The first order of detention dated 5.9.2011 was set aside in W.P.(Crl.) No. 505 of 2011 on 7.2.2012. The second order of detention was passed on 4.2.2013. The detenu completed the term of detention as per that order. The third order of detention was passed on 25.1.2015, which was set aside in W.P.(Crl) No. 192 of 2015 on 19.8.2015.