P.R.RAMAN, V.K.MOHANAN
Jameela, Palakkad District – Appellant
Versus
State of Kerala, Represented By the Chief Secretary, Trivandrum – Respondent
Mohanan, J.
This writ petition is filed by one Smt Jameela who claimed to be the first cousin of one Mr. Basheer, who is detained under the provisions of the Kerala Anti-Social Activities (Prevention) Ordinance, 2007 (hereinafter referred to for short as ‘KAAPO, 2007’) with a prayer to issue a writ of habeas corpus to produce the detenu Sri. Basheer before this Court and to release him forthwith. It is also prayed inter alia to call for the records leading to Ext.P1 and to quash the same by issuance of a writ of certiorari or any other appropriate writ, order or direction.
2. In the writ petition, it is claimed that the petitioner has chosen to prefer this writ petition as her cousin, the detenu is unable to approach this Court as he is detained and thus this petition is being filed by the petitioner as the next friend of the detenu. According to the averments contained in the writ petition, the detention or Mr. Basheer as per Ext.P1, which is an order issued by the third respondent in exercise of her powers under Section 3 of KAAPO, 2007, is illegal since on the date of issuance of Ext.P1 and at the time of his arrest pursuant to Ext.P1, the detenu was in the judicial cu
1. Rajesh Vashdev Adnani v. State of Maharashtra and others 2005 (8) SCC 390)
2. Radhakrishnan Prabakaran v. State of Tamil Nade and others 2000 (9) SCC 170
3. Nandoli Muhammed Rafeeque v. Union of India and others 2004 (12) SCC 218
4. Sofia Gulam Muhammed Bhan v. State of Maharashtra and others AIR 1999 SC 3051
6. State of Tamil Nadu v. Senthil Kumar and another AIR 1999 SC 971
11. Ramesh Yadav (1985) 4 SCC 232:1985 SCC (Cri) 514)
12. Smt. Poonam Lata v. M.L. Wadhawan and another AIR 1987 SC 2098
13. Bal Chand Bansal v. Union of India and others AIR 1988 SC 1175
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