VISHNUJA Vs. STATE OF KERALA

JUDGEMENT

(1.) The wife of Shri Aneesh, who has been sanctioned to be detained preventively pursuant to an order passed under the Kerala Anti Social Activities (Prevention) Act, 2007 (hereinafter referred to as the 'Act' for short) has filed this writ petition, challenging the order under which her husband was placed under detention, a copy of which has been placed on record as Ext.P4. The petitioner's case, as we can see from the pleadings and submissions made at the Bar, is that the order of detention and the subsequent orders ratifying such action by the competent Authorities are illegal and unlawful on account of infraction of imperative statutory prescriptions and also because it has been issued without proper application of mind.

(2.) We have heard the learned counsel for the petitioner Shri Shajin S. Hameed and the learned public prosecutor appearing on behalf of the official respondents.

(3.) We have examined Ext.P4 order impugned in this writ petition, which is the order issued by the District Magistrate ordering detention of Shri Aneesh under the prescriptions of Section 3 of the Act. On an examination of the said order, it would show that nine separate instances of criminal activities are detailed therein against Shri Aneesh and that his detention was requested for by the District Police Chief (Rural), Thiruvananthapuram.