LEENA SAJEEVAN Vs. S I OF POLICE

JUDGEMENT

(1.) Is a detenu under the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as the 'KAAPA') entitled as of right to appear before the Advisory Board through a legal practitioner

(2.) To the crucial and vital facts first. The petitioner's husband was involved in as many as ten cases. Three cases had ended in acquittal, in two cases he was convicted and five cases are pending against him. A report (Ext.P2) was made initially by the first respondent a subordinate police officer to the Superintendent of Police (R2). On the basis of that, the second respondent, Superintendent of Police submitted Ext.P3 report under Section 3(1) of 'KAAPA' to the District Magistrate, i.e. (the third respondent). On the basis of the said report, Ext.P4 order of detention dated 18-3-2009 was passed by the District Magistrate under Section 3(1) of the KAAPA. The detenu was arrested on 22-3-2009. The order of detention has been approved by the Government under Section 3(3) of the KAAPA. Reference was made to the Advisory Board. The detenu submitted Ext.P7 representation to the Government which was disposed of under Ext.P8 order. He submitted Ext.P9 representation to the Advisory Board. After receipt of the opinion of the Advisory Board, Ext.PIO order under Section 10(4) of the KAAPA has been passed confirming the order of detention. The detenu is under custody. The petitioner, the wife of the detenu has come before this Court with this petition for issue of a writ of habeas corpus to produce the detenu before court, to set aside Ext.P4 order of detention and to direct immediate release of the detenu.

(3.) Arguments have been advanced by the learned Counsel for the petitioner and the learned Additional Director General of Prosecutions. The learned Counsel for the petitioner assails the impugned detention on the following grounds: