VASANTHI Vs. STATE OF KERALA

JUDGEMENT

(1.) 1. This writ petition is filed by the wife of a detenu, who has been detained under the Kerala Anti Social Activities (Prevention) Ordinance, 2007 (Ordinance No. 44/2007) (hereinafter referred to as "the Ordinance"), praying to issue a writ of habeas corpus for the production of the detenu before this Court and order his release.

(2.) THE brief facts of the case are the following: THE petitioner is the wife of the detenu Mr. Ravi @ Ravidas, aged 35 years, S/o. Kunju, residing at Vadakkepura Veedu, Varode, Kottayi, Palakkad. THE detenu was taken into custody by the 4th respondent on 05/09/2007 and on 07/09/2007 he has been served with Ext. P1 order dated 07/09/2007, passed by the District Collector, Palakkad, detaining him under S.3(1) and S.(2) of the Ordinance. On the strength of the detention order, he is being detained in the Central Prison, Viyyur. Along with Ext. P1, he has been served with Ext. P2 grounds of detention also. THE petitioner submits, the detenu was served with only photo copies of Exts. P1 and P2 and not authenticated copies of them. He does not know English and therefore, he was unable to read or understand Ext. P1. THE detention order says that final reports have been filed against him before the competent Criminal Court in Crime Nos. 44/02, 111/03 and 123/07. THE offences alleged against him in the first crime are those under S.452, S.427 and S.398 of IPC and also under S.4 read with 25(1)(b) of the Arms Act. THE allegation was that he along with others formed an unlawful assembly with deadly weapons like sword, knife, wooden stick etc., trespassed into the hotel of the complainant, created an atmosphere of terror and destroyed various articles of the hotel. THEy also looted Rs.4500/- from there. On the information lodged by Mr. Appukuttan, who was running the hotel, the crime was registered. THE second incident relates to the kidnapping of one Mr. Babu Joseph in a motorcycle with the intention to kill him. He was attacked while he was taken on the motorcycle and later pushed down from it, causing injuries to him. THE offences alleged against the detenu in the said case were under S.143, S.147, S.364, S.307 and S.149 of IPC. THE 3rd incident relates to the kidnapping of Mr. Nazir, for his failure to pay a loan he received from one of his relatives. He was taken by force in a red coloured Maruthi car to the courtyard of the detenu at Kottayi. He was attacked by the detenu with bamboo sticks and the same caused injuries to him. THE said case involves the offences under S.365, S.341 and S.308 read with S.34 of IPC. THE District Magistrate on being satisfied that if the detenu remains at large, he would indulge in anti social activities involving assault and criminal conspiracy against public, which would create a feeling of insecurity among them, passed orders detaining him, based on the report received from the police. THE grounds of detention detailed in Ext. P2 were in Malayalam and the details of the above three cases were given in the grounds of detention.

(3.) HEARD Mr. O. V. Maniprasad, learned counsel for the petitioner and also Sri. K. K. Ravindranath, learned Special Government Pleader and Liaison Officer.