AMBILY AJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) The question involved in these Writ Petitions is whether an order of detention passed under Section 3 of the Kerala Anti Social Activities (Prevention) Act, 2007 by an officer authorised under Sub-section (2) of Section 3 is valid, if it is passed on the subjective satisfaction arrived at on the information received from the SHO of a police station.

(2.) Both these Writ Petitions are filed challenging the order of detention of Ajith Kumar alias Kuttan. W.P.(Crl) No. 314 of 2008 is filed by the wife of the detenue, while W.P.(Crl) No. 316 of 2008 is filed by the mother of the detenue.

(3.) The District Magistrate, Pathanamthitta, who is an authorised officer under Sub-section (2) of Section 3 of the Kerala Anti Social Activities (Prevention) Act, 2007 (hereinafter referred to as the Act ), passed an order of detention dated 19.6.2008, under Section 3(1) of the Act on being satisfied that Ajith Kumar alias Kuttan is a "Known goonda" and that his detention is necessary with a view to prevent him from indulging in anti social activities. The order of detention was executed on 8.8.2008. The grounds of detention was served on the detenue along with the copies of the relevant documents. The Government approved the order of detention as per the order of approval dated 14.8.2008. It is stated that the Advisory Board has opined that there is sufficient cause to detain Ajith Kumar alias Kuttan. The representation submitted by the detenue was received by the Government on 1.9.2008 and the same was rejected on 4.9.2008.