ASWATHY Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is wife of the detenu Mr.Prabith, S/o.Sivankutty, seeks issuance of a writ of Habeas Corpus commanding respondents 3 to 5 to produce the body of the detenu who is detained in custody in Central Prison, Viyyur and to release him. The petitioner further seeks to quash Exts.P2 and P6 orders.

(2.) The detenu is undergoing preventive detention ordered under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 ('KAAPA', for short). The 3 rd respondent - Deputy Commissioner of Police submitted a report dated 22.09.2018 to the 2 nd respondent - District Magistrate and requested for an order of preventive detention of the detenu. On receipt of Ext.P1, the 2 nd respondent passed Ext.P2 order dated 06.10.2018 ordering detention. The detenu was detained on 26.10.2018. Ext.P3 grounds for detention were served on the detenu. Ext.P2 order of detention was approved by the 1st respondent on 07.11.2018 as per Ext.P4. Against Ext.P2 detention order, the detenu preferred a representation before the Advisory Board constituted under KAAPA. The Advisory Board conducted a personal hearing and recommended detention. Accordingly, the detention order was confirmed as per Ext.P6 order dated 07.01.2019.

(3.) The petitioner submits that the 2nd respondent has passed four detention orders earlier, against the detenu. The first of such orders passed in the year 2007 was cancelled as the 1st respondent did not confirm it. Another detention order was passed in 2013 and the detenu suffered the period of detention. Yet another order of detention was passed in the year 2016. However, the detenu was released provisionally by the order of this Court in W.P.(Crl.) No.482/2016. Again, on 20.03.2018, another order of detention was passed. The detenu was, however, released after the hearing conducted by the Advisory Board. The detenu was acquitted by competent courts in most of the cases registered against him. The present Ext.P2 detention order was passed considering four cases which were already considered for detentions effected earlier.