JOICY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, the wife of one Jomson@Jomon who is detained in Central Prison Viyyur as 'known rowdy' as per an order dated 17.04.20017 of the District Magistrate (for short 'detaining authority') under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act (hereinafter referred to as 'KAAPA' in short) seeks to set aside the order by filing this Writ Petition under Article 226 of the Constitution of India.

(2.) The District Magistrate, who is the 2nd respondent, has issued Ext.P1 detention order on 17.04.2017 under Section 3(1) of the KAAPA on the basis of Ext.P3 report of the 3rd respondent, the District Police Chief and the Sponsoring Authority. The 4th respondent was entrusted to execute the order and the detenu was detained in prison on 26.05.2017 on the basis of the detention order. Ext.P1 detention order was approved by the Government on 03.06.2017 and the Advisory Board rejected his representation and the order was confimed by the Goverment on 12.07.2017. The petitioner being aggrieved preferred this petition raising the following reliefs : -

(3.) We heard Sri.Vipin Narayanan, the learned counsel for the petitioner, Sri. K.A. Anas, the learned Government Pleader for the respndents and perused the records.