A M MOIDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the father of Mr. A. M. Ummer, who has been detained under the provisions of the Kerala Anti-Social Activities (Prevention) Ordinance 2007 (Ordinance No. 30/07), by order dated 19-6-2007 of the second respondent District Magistrate. The brief facts of the case are the following :

(2.) The allegation against Mr. A. M. Ummer, who is hereinafter referred to as the detenu, is that he is indulging in illegal mining and transporting of river sand from Bharathapuzha river. In other words, he is a depredator of environment. So, the District Magistrate issued Ext. P1 detention order dated 19-6-2007 and in execution of that order, the detenu was arrested and he is suffering incarceration from the said date onwards. Ext. P2, which contains the grounds of detention, was also served on him, along with Ext. P1. Ext. P1 order of detention was confirmed by the Government by Ext. P4 order dated 29-6-2007. There was a mistake in the said order, in which, the detenu was described as a "Known Rowdi", instead of "Known Goonda". The said mistake was corrected by issuing Ext. P5 order dated 16-7-2007. The detenu filed Ext. P7 representation before the Advisory Board, constituted under the Act. He submitted that he knew about the consideration of his case by the Advisory Board, only when the said Board visited the prison to hear the detenu. The said representation was followed by Ext. P8 representation before the Government by the detenu and Ext. P9 representation by the petitioner and the wife of the detenu. The Government replied to Ext. P9 by Ext. P10, stating that the representation under the Ordinance No. 30/2007 can be filed only by the detenu and not by his relatives. In the above background, this Writ Petition is filed, praying for the issuance of a writ of habeas corpus for the production of the detenue before this Court and to set him at liberty.

(3.) The petitioner attacks the detention of his son on various grounds. The following irregularities are pointed out against the detention order :-