K.T. Sankaran, J.

The question involved in these Writ Petitions is whether an order of detention passed under Section 3 of the Kerala Anti Social Activities (Prevention) Act, 2007 by an officer authorised under subsection (2) of Section 3 is valid, if it is passed on the subjective satisfaction arrived at on the information received from the SHO of a police station.

2. Both these Writ Petitions are filed challenging the order of detention of Ajith Kumar alias Kuttan. W.P.(Crl.) No.314 of 2008 is filed by the wife of the detenue, while W.P.(Crl) No.316 of 2008 is filed by the mother of the detenue.

3. The District Magistrate, Pathanamthitta, who is an authorized officer under sub-section (2) of Section 3 of the Kerala Anti Social Activities (Prevention) Act, 2007 (hereinafter referred to as the Act), passed an order of detention dated 19.6.2008, under Section 3(1) of the Act on being satisfied that Ajith Kumar alias Kuttan is a "known goonda" and that his detention is necessary with a view to prevent him from indulging in anti social activities. The order of detention was executed on 8.2008. The grounds of detention was served on the detenue along with the copies of the relevant documents. The Government approved the order of detention as per the order of approval dated 18.2008. It is stated that the Advisory Board has opined that there is sufficient cause to detain Ajith Kumar alias Kuttan. The representation submitted by the detenue was received by the Government on 9.2008 and the same was rejected on 9.2008.

4. It is stated in the grounds of detention that the detenue falls under the category of "known goonda" as defined under the Act. The details of the crimes in which the detenue was involved are stated in the grounds of detention as follows:

"1) On 8-5-07 the respondents Lorry bearing reg.No.KL7/c 2424 was seized by the Tahsildar Mallapally for illegal transportation of river sand.

2) On 8-11-07 the respondents Lorry bearing reg.No.KL7/C 2424 was seized again by the Tahsildar Mallappally for illegal transportation of river sand.

3) Crime No.183/08 of Police Station Keezhvaipoor u/s 20 & 21 River Bank Protection and Sand Mining Act. The case is that on 8-4-08 the respondent and others were found illegally transporting river sand in the lorry bearing registration No.KL7/D-5220 which was taken into custody and produced before Keezhvaipoor Police Station. A charge sheet has been filed in this case before the Judicial First Class Magistrate Court, Thiruvalla.

4) Crime N9.177/08 of Police Station Keezhvaipoor u/s 143, 147, 149, 447, 427 IPC. The case is that on 31-3-08 the respondent and others destroyed the concrete pillars which have been built by Anicadu Grama Panchayath to prevent the entry of lorries into Hilraj kadavu. A charge sheet has been filed in this case before the Judicial First Class Magistrate Court, Thiruvalla."

5. The grounds of detention further shows that the Superintendent of Police, Pathanamthitta filed a preliminary report before the authorized officer on 6.5.2008 regarding the activities of the detenue. F.I.R.No.216/08 dated 19.4.2008 of Keezhvaipoor Police Station was attached with the report of the Superintendent of Police. The grounds also state that "having evaluated the information available and the documents presented", the authorised officer was convinced that Ajith Kumar alias Kuttan has to be detained under the Act. It is not stated in the grounds of detention that documents were forwarded to the authorized officer or which documents were forwarded. No list is also attached to the grounds of detention to show which are all the documents considered and relied upon by the detaining authority.

6. Theopening paragraph of the order of detention reads as follows:

"I have received credible information from the SHO of Police Station Keezhvaipur, vide his F.I.R.No.216/08 dated 19-4-08 through the Superintendent of Police, Pathanamthitta, against Sri.Ajith Kumar @ Kuttan, s/o.Ramachandran aged