SHINY A Vs. STATE OF KERALA

JUDGEMENT

(1.) IS the detaining authority justified in reckoning the detenu as a 'goonda', when the sponsoring authority had only reported that he is a 'rowdy', to pass an order of detention under S. 3 (2) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (for short 'the KAAPA')' This question, inter alia, arises for consideration in this writ petition.

(2.) TO the vital facts first: The petitioner is the wife of the detenu by name 'padmanabhan' who has been ordered to be detained under S. 3 of the KAAPA under Ext. P1 order dated 29/06/09 passed by the 2nd respondent. Such detention was on the basis of a report dated 20/06/09 submitted to the 2nd respondent by the 3rd respondent under S. 3 (1) of the KAAPA. The detenu has been arrested on 23/07/09. The order of approval and order of confirmation have already been passed under S. 3 (3) and 10 (4) of the KAAPA. The detenu thus continues in custody.

(3.) THE 3rd respondent had sponsored the detention of the detenu on the basis of 5 cases which are given below: Sl. Date of Crime Offences Status Remarks No. occurrence No. (inter alia) 1. 15/10/2002 232/02 S. 452 and 506 (ii) Trial pending Nil read with S. 34 IPC 2. 17/10/2002 233/02 S. 506 (ii) and 427 Trial pending Nil read with S. 34 3. 06/04/2009 172/09 S. 308 read with Investigation Nil Section 149 pending 4. 04/05/2009 217/09 S. 307 read with Investigation Nil S. 34 pending 5. 06/04/2009 170/09 S. 332 read with Investigation Nil Section 149 pending