ANITHA BRUSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Hopefully pointing out the grievance of the petitioner regarding the alleged illegal detention of her husband namely Sri.Bruce.S.Pothanikkatt, Keerambara, the petitioner approached this court by filing the above writ petition invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India. The main prayer of the petitioner in this wit petition is to issue a writ of habeas corpus commanding the respondents to produce the body of the aforesaid person-the husband of the petitioner before this Court and to set him at liberty forthwith. It is also prayed to declare that the detention of her husband under the Kerala Anti-Social Activities (Prevention) Act, 2007 (Act 34 of 2007) (hereinafter referred to for short as 'the Act' only) is violative of articles 14,19,21 and 22 of the Constitution of India as the procedural safeguards have been violated.

(2.) The allegations in the writ petition as its original from are as follows:-

(3.) In the grounds especially under ground (a), it is urged that the arrest and taking into custody of her husband by the two Policemen from the Kothamngalam Police Station are absolutely illegal and no order under Section 3 of the Act has been passed at that time. Alternatively, it is contended that the petitioner's husband will not come under any of the expression contained in Section 2 of the Act. It is also urged that the ground for detention also has not been communicated to the detenu. According to the petitioner, the order has not been read over to him at the time of the detention on 3rd March, 2008 between 1 p.m. And 2 p.m. No copy of the order of detention has been served. Thus, according to the petitioner, in any view of the matter, the arrest, detention and custody of the petitioner's husband by the Kothamngalam Police are liable to be declared altogether as invalid in law and therefore, he is liable to be released forthwith.