JUDGEMENT
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(1.)The prayers in the aforecaptioned Writ Petition (Crl.), seeking for issuance of writs of Habeas Corpus and certiorari, in regard to the
challenge against the order to preventively detain the detenu herein, in
terms of Sec.3(i) Kerala Anti-Social Activities (Prevention) Act, 2007
[hereinafter referred as 'KAAPA' for short] are as follows :
"i. To declare the period of detention beyond the Report dtd. 26/8/2022 issued by the Advisory Board, Respondent No.2 as illegal and violative of Articles 21 and 22 of the Constitution;
ii. To declare that the Exhibit P-10 Order bearing G.P.(Rt) No.2922/2022/HOME dtd. 21/10/2022 issued by Government of Kerala is unconstitutional, illegal and violative of Articles 21 and 22 of the Constitution;
iii. To issue appropriate writ order or direction quashing the Exhibit P-10 Order bearing G.P.(Rt) No.2922/2022/HOME dtd. 21/10/2022 issued by Government of Kerala'
iv. To issue appropriate writ order or direction quashing the Exhibit P-2 Order of Detention bearing No.DCKKD/5207/2022-S2 dtd. 27/6/2022 passed by District Collector/District Magistrate, Kozhikode, Respondent No.4;
v. To direct the concerned authorities to release the detenue 'Bushar Jamhar' and set him at liberty forthwith.
vi. Grant such other direction or order, deemed appropriate by this Hon'ble Court in the facts and circumstances of the case."
(2.)Heard Sri.Mathew A.Kuzhalnadan, learned Advocate instructed by Smt.Sradhaxna Mudrika, learned counsel appearing for
the petitioner and Sri.K.A.Anas, learned Public Prosecutor appearing for
the respondents.
(3.)The petitioner herein is the mother of the detenu involved in this case (Bushar Jamhar, aged 29 years, S/o Abbas), who has been
ordered to be detained in terms of Ext.P-2 order dtd. 27/6/2022,
issued by the 4th respondent (District Collector/District Magistrate,
Kozhikode), whereby it has been ordered that, in view of the aspects
mentioned therein, the 4th respondent is satisfied that the detention of
the detenu under Sec.3(i) of the KAAPA is necessary, to prevent him
from committing further prejudicial anti-social activities, as understood
in Sec.2 (a) of the KAAPA.
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