LEKHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The wife of the detenu is before this Court challenging the order of detention passed by the District Magistrate, Thiruvananthapuram, produced as Exhibit P1. The detention is for a period of one year, being a subsequent order made under Section 12 of the Kerala Anti-Social Activities (Prevention) Act, 2007 [for brevity "KAA(P)A"].

(2.) The learned Counsel for the petitioner submits that the detenu was first placed under preventive detention by order dated 02.10.2014 for a period of six months. Later, a subsequent order was passed under Section 12 of the KAA(P)A, ordering detention for a period of one year. The detenu was arrested on 03.03.2016 and was kept in custody, which had to be continued as per the order till 02.03.2017. However, by Exhibit P21 a Division Bench of this Court set aside the order of detention. The detenu was released pursuant to such judgment of this Court dated 12.08.2016.

(3.) The first contention raised by the petitioner is that when Exhibit P21 set aside the detention order, there can be no subsequent order passed under Section 12. It is the contention that Exhibit P21 having quashed the earlier order, the said order is deemed to have been never in existence and there could be no subsequent order passed detaining the detenu for one year as provided under Section 12. Immediately we pointed out to the learned Counsel that there is a prior order dated 02.10.2014, by which the detenu was placed under suspension for a period of six months under which the detenu had also suffered detention. The learned Counsel then argued that the first order was never relied on by the detaining authority and the copy was also not served.