NAJUMA Vs. STATE OF KERALA

JUDGEMENT

(1.) WHAT is the ambit of the expression "three separate instances not forming part of the same transaction" in S. 2 (p) (iii) of the Kerala Anti-social Activities (Prevention) Act, 2007 (hereinafter referred to as the 'kaapa') ? This is the only question which has to be considered in this Writ Petition.

(2.) THIS Writ Petition is filed by the petitioner, who is sister of the detenu, by name mujeeb - who is detained under an order passed under S. 3 (1) of the KAAPA by the 2nd respondent. Ext. P1 order is dated 12. 5. 2009. The detenu was arrested on 2. 6. 2009. His detention has been approved by the Government under S. 3 (3) of the KAAPA by order dt. 11. 6. 2009. The decision of the Advisory Board is not rendered yet. No order of confirmation under S. 10 (4) of the KAAPA is passed.

(3.) THE 2nd respondent, the District Magistrate, has passed the order of detention under S. 3 (1) of the KAAPA on the basis of a report submitted to him by the 3rd respondent, the District Superintendent of Police under S. 3 (1) of the KAAPA. The detenu is alleged to be a known rowdy. It is alleged that 3 cases are pending against him. The details of the cases are given below: <FRM>JUDGEMENT_617_KERLT3_2009Html1.htm</FRM> Accepting this report, the 2nd respondent had passed the order of detention under S. 3 (1) of the KAAPA.