NISHA SALIM Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is a sequel to an earlier petition filed by the petitioner under seeking release of her husband from preventive detention.

(2.) The order of detention (Ext.Pl) issued under Section 3(2) of the Kerala Anti Social Activities (Prevention) Act, 2007 was challenged by the petitioner in the earlier proceeding contending inter alia that the detaining authority had issued the order without any application of mind at all since, according to the petitioner, her husband would not have fallen within the ambit of the definition of "known rowdy" as defined under Section 2(p) of the Act. But, the above and the other contentions were repelled and the writ petition was dismissed by judgment dated January 21, 2009, a copy of which is on record as Ext,P4.

(3.) The present writ petition is filed primarily impugning Ext.P5 order issued by the Government under Section 10(4) of the Act confirming the order of detention after receipt of the opinion of the Advisory Board.