ANSAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition filed with a prayer to issue a Writ of Habeas Corpus under Art. 226 of the Constitution of India has been filed by the petitioner herein to direct the production of his brother Ashkar, (hereinafter referred to as 'the detenu') who is detained in custody pursuant to an order passed under Sec. 3 of the Kerala Anti Social Activities (Prevention) Act, 2007 ( referred to as KAAPA for brevity) before this Court and to release him from detention.

(2.) The detenu, Ashkar, was allegedly involved in 7 criminal cases all of which are pending trial. Taking note of his penchant to disturb public peace and to prevent him from perpetrating anti-social activities, a request was submitted before the 3rd respondent by the Station House Officer, Thrissur West Police Station with the prayer to invoke the provisions of the KAAPA against the detenu. The 3rd respondent submitted a report dated 03/08/2016 before the 2nd respondent. The 2nd respondent thereupon issued an order of detention dated 09/09/2016 under Sec. 3 of the KAAPA. The detenu was arrested on 13/10/2016. The order of detention passed by the 2nd respondent was approved by the Government on 22/10/2016. Based on the reference by the Government, the Advisory Board gave opinion that there are sufficient cause for the detention of the detenu. The Government by order dated 24/11/2016 has confirmed the order of detention accepting the opinion of the Advisory Board.

(3.) The chart herein below gives the details of the cases, in which the detenu was involved. <FRM>JUDGEMENT_33_LAWS(KER)3_2017_1.html</FRM>