BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Is a second order of detention possible and permissible when an earlier order of detention remains contumaciously unexecuted? ii) Are Exts.P1 and P2 separate orders of detention or are they to be reckoned as a composite order of detention - the latter representing only application of mind on the question whether the former deserves to be executed under the new situation and changed circumstances? These interesting questions are canvassed ably by the learned counsel in this Writ Petition.

(2.) The petitioner, claiming to be a friend of one Anil Kumar @ Keppan Ani (hereinafter referred to as 'the detenu'), has filed this petition for issue of a writ of habeas corpus to direct production and release of the detenu, who is under detention under S.3 of the Kerala Anti-social Activities (Prevention) Act, 2007 (hereinafter referred to as the 'KAAPA') as per Ext.P1 and P2 orders dated 19.1.2009 and 27.8.2009 passed by the 2nd respondent.

(3.) The said order Ext.P1 was passed on 19.1.2009. It was not executed till 27.8.2009. On 27.8.2009. Ext.P2 order was passed and accordingly the detenu, who remained in judicious custody in connection with another case from 5.6.2009, was taken into preventive detention custody with effect from 28.8.2009. Orders approving the detention under S.3(3) and confirming the detention under S. 10(4) of the KAAPA have already been passed, it is submitted.