NAJUMA Vs. STATE OF KERALA

JUDGEMENT

(1.) WHAT is the ambit of the expression "three separate instances not forming part of the same transaction" in S.2(p)(iii) of the Kerala Anti Social Activities (Prevention) Act, 2007 (hereinafter referred to as the 'KAAPA')? This is the only question which has to be considered in this writ petition.

(2.) THIS writ petition is filed by the petitioner, who is sister of the detenu, by name Mujeeb - who is detained under an order passed under S.3(1) of the KAAPA by the 2nd respondent. Ext. P1 order is dated 12/05/09. The detenu was arrested on 02/06/09. His detention has been approved by the Government under S.3(3) of the KAAPA by order dt. 11/06/09. The decision of the Advisory Board is not rendered yet. No order of confirmation under S.10(4) of the KAAPA is passed.

(3.) COUNTER affidavits have been filed by the respondents. We have perused the same. We have heard the learned counsel for the petitioner and the learned Additional Director General, of Prosecutions. The learned counsel for the petitioner assails the impugned order of detention on various grounds. In the view, which we propose to take, it is not necessary to advert to the various other grounds which have also been raised. We need consider only the following ground.