N VISWANATHAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This petition for issue of a writ of habeas corpus is filed by the petitioner whose son Jayachandran alias Jayan has been detained under Section 3 of the Kerala Anti Social Activities(Prevention)Act, 2007 (hereinafter referred to as 'the KAAPA') by an order passed by the first respondent. Ext.P1 is the said order of detention dated 8-5-2009. In execution of Ext.P1, the detenu was taken into custody only on 1-11-2009. The order of approval under Section 3(3) of the KAAPA has already been passed. Order under Section 10(4) of the KAAPA is awaited. It is at this juncture that the petitioner has come to this Court with this petition for issue of a writ of habeas corpus to direct the production of the detenu and to direct his release from custody.

(2.) The detenu has been classified as a known goonda. It is alleged that there are as many as six cases registered against him. We give below the details of the six cases that have been referred to in the report submitted by the sponsoring authority dated 23-4-2009 (Ext.P3) and the impugned order of detention dated 8-5-2009 (Ext.P1). Table

(3.) We have heard the learned counsel for the petitioner and the learned Government Pleader. Even though various contentions have been raised by the learned counsel for the petitioner, we think it to be sufficient and necessary to refer to the following contentions only, that is ,