RAJAN ABUBACKER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner who is the father of one Mujeeb @ Veeta Mujeeb detained in Central Prison, Viyyur as a 'Known Rowdy' as per an order passed by the District Magistrate (for short 'detaining authority') under S.3(1) r/w 13(2)(i) and (ii) of the Kerala Anti - Social Activities (Prevention) Act (hereinafter referred to as 'KAAPA' in short) seeks to quash the order by filing this Writ Petition under Art.226 of the Constitution of India with the following reliefs:

(2.) The District Magistrate who is the 2nd respondent has issued Ext.P1 preventive detention order dated 14/11/2016 under S.3 r/w 13(2)(i)(ii) of KAAPA on the report of the Superintendent of Police, the 3rd respondent, and forwarded the same to the 4th respondent, the Sub Inspector of Police, who executed the detention order on 22/11/2016. The detenu was in judicial custody in Central Prison, Thiruvananthapuram in four criminal cases allegedly committed by him. After execution of the detention order, the detenu was transferred to Central Prison, Viyyur and presently he is undergoing detention in Central Prison, Viyyur in Thrissur District. Ext.P1 order was approved by the 1st respondent Government as per Ext.P12 order dated 01/02/12/2016 under S.3(3) of KAAPA. The Government confirmed the detention order as per Ext.P13 on 06/01/2017. The detenu preferred Ext.P14 representation on 18/05/2017, but it was dismissed. Assailing the impugned order, the petitioner, who is the father of the detenu, has preferred this petition.

(3.) We heard Sri. C. Rajendran, learned counsel for the petitioner and Sri. K. A. Anas, the learned State Public Prosecutor for the respondents.