KIRAN SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is before us seeking to set aside Ext.P2 modified order of restriction made against him by the Advisory Board, under Sec. 15 of the Kerala Anti-Social Activities (Prevention) Act, 2007 ('Act' for short) and also to strike down Sec. 15 of the Act as unconstitutional and command the respondents not to enforce the provisions of the Act against the petitioner, and for such other reliefs.

(2.) The petitioner contends that, without affording an opportunity of a personal hearing, and without considering his detailed objection to the notice, order No.2(AA)/Camp/17-KOR dated 8.11.2017 was made under Sec. 15 of the Act restricting the petitioner's entry into Ernakulam District for a period of one year from the date of the said order, which was reduced by the Advisory Board to six months, vide Ext.P2.

(3.) The order was produced directly before the third respondent Advisory Board, without even serving a copy of the said order on the petitioner. Annexures of the said order were received by the petitioner, which is produced at Ext.P1, which contains the recommendation of the District Police Chief and the other documents pertaining to the crimes registered against the petitioner. On 11.12.2017, the third respondent Advisory Board modified the order of the second respondent by limiting it to a period of six months vide Ext.P2.