SHAJITHA SUNEER Vs. STATE OF KERALA

JUDGEMENT

(1.) Wife of a detenu who is accused in as many as 14 crimes since 2015, seeks to quash Ext.P1 detention order and to produce the body and set the detenu at liberty, by issuance of a writ of Habeas Corpus.

(2.) The petitioner states that the 3rd respondent-District Police Chief submitted Ext.P5 report dated 17.12.2018, based on which her husband Suneer @ Noorudheen has been detained as per Ext.P1 detention order dated 15.01.2019 issued under Section 3(i) of the Kerala Anti-Social Activities (Prevention) Act, 2007 ('KAAPA', for short) . The order was executed on 17.01.2019 and the grounds of detention was served on the detenu. Ext.P1 order has been passed without due and proper application of mind, contends the petitioner.

(3.) Ext.P1 detention order would reveal that the following are the 14 cases taken into account for treating the detenu as 'Known Rowdy' as defined under Section 2(p)(ii)(iii) of KAAPA:-