AARIFA BEEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) When does the clock start ticking under Section 3(3) of the Kerala Anti-social Activities (Prevention) Act, 2007 (hereinafter referred to as the 'KAAPA') - on the date of the order of detention or the date of detention

(2.) In this petition for issue of a writ of habeas corpus, the petitioner, the mother of a detenu under the KAAPA, prays that her son the detenu may be directed to be produced before W.P(Crl.) No. 198 of 2009 2 the Court and set at liberty after setting aside Ext.P4 order of detention issued under Section 3(2) of the KAAPA.

(3.) The petitioner's son was allegedly involved in 7 crimes referred to in Ext.P4 order. By Ext.P4 order dated 03.03.09 issued by the 2nd respondent, the detenu was ordered to be detained. The order of detention was executed on 09.03.09. The records were submitted to the Government under Section 3(3) of the KAAPA on 13.03.2009. The order of detention was approved by the Government as per Ext. P6 order dt. 23.03.09 passed under Section 3(3) of the KAAPA. The detenu made a representation before the Advisory Board. The Advisory Board considered the same at its sitting on 05.05.09. Reference was answered by the Advisory Board by order dt. 07.05.09. The same was communicated to the Government and the Government by Ext. P7 order dt. 11.05.09 confirmed the order of detention for a period of 6 months.