SATHI Vs. STATE OF KERALA

JUDGEMENT

(1.) IN the light of S.7(3) of the Kerala Anti Social Activities (Prevention) Act, 2007 (hereinafter referred to as the 'KAAPA'), is the omission to furnish translated copies of some of the documents relied on by the Detaining Authority to be reckoned as fatal warranting invalidation of detention on that ground? (ii) Is the omission to specify any period of detention in the order of detention passed under S.3(1) and approved under S.3(3) to be reckoned as evidence of fatal non application of mind by the detaining authority warranting invalidation of the order of detention? (iii) Can the detaining authority place reliance on any confidential and secret information not revealed to him specifically which the sponsoring authority or his subordinates may have in their possession to entertain the requisite subjective satisfaction under S.3 on the need to detain a known goonda or known rowdy?

(2.) THESE questions of relevance and significance arise in this Writ Petition filed by the petitioner, who is the mother of Reji @ Annachi Reji who has been ordered to be detained by the 3rd respondent under S.3(1) of KAAPA. The petitioner has come to this Court with the prayer that a writ of habeas corpus may be issued to produce the son of the petitioner before Court, to set aside the order of detention Ext. P3 and to set him a liberty.

(3.) THE last of the crimes allegedly committed by him was on 29/03/2008. In all the 5 cases referred above, final reports have already been filed. Trial is not complete.