SAROJINI Vs. UNION OF INDIA

JUDGEMENT

(1.) How is the period of five days under Section 7(2) of the Kerala Anti Social Activities (Prevention)Act (hereinafter referred to as the 'KAAPA') to be computed

(2.) The petitioner, mother of a detenu detained under Section 3 of the KAAPA has filed this petition under Article 226 of the Constitution of India to set aside detention of the detenu under Exhibit P1 order and to set him at liberty.

(3.) The alleged detenu Raju is allegedly involved in four crimes referred to in detail in Exhibit P1. Those crimes are committed in the year 2005, 2006, 2006 and 2008. The 4th of those crimes is pending investigation, whereas in crimes 1 to 3 investigation is complete and final reports have already been filed. The 4th respondent submitted a proposal for invocation of the powers of detention under Section 3(1) to the 3rd respondent and it is accordingly that the 3rd respondent passed Exhibit P1 order of detention dated 1.7.2009. On the basis of the said order dated 1.7.2009, the detenu was arrested and detained on 2.7.2009. He continues under detention from that date. All other documents were furnished to the detenue on the date of detention, i.e., on 2.7.2009. But,the order granting bail and memo of release in one of the crimes were furnished only on 7.7.2009. Admittedly, the petitioner did not make any representation before the Government or the Advisory Board. The Advisory Board submitted its report dated 27.8.2009 to the Government and the Government thereupon on 5.9.2009 passed orders under Section 10(4) of the KAAPA confirming the detention for a period of six months from the date of detention. That order was served on the detenu on 6.9.2009 and he continues in custody from that date. This Writ Petition was filed by the petitioner on 28.8.2009.