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2009 Supreme(Ker) 467

R.BASANT, M.C.HARI RANI
Aarifa Beevi – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:For the Petitioners:Siby Mathew, Advocate. For the Respondents: Government Pleader.

Judgment :-

Basant, J.

When does the clock start ticking under Section 3(3) of the Kerala Anti-social Activities (Prevention) Act, 2007 (hereinafter referred to as the `KAAPA') - on the date of the order of detention or the date of detention ?

(ii) How is the expression "forthwith" in Section 3(3) to be understood and reckoned ?

(iii) Is the detenu entitled to a copy of the report of the Advisory Board under Section 10

(3) of the KAAPA ?

(iv) Can the absence of any previous conviction justify the claim to exclude a person from the sweep of the expression `known goonda' in Section 2(o) of the KAAPA ?

These questions are raised in this Writ Petition.

2. In this petition for issue of a writ of habeas corpus, the petitioner, the mother of a detenu under the KAAPA, prays that her son the detenu may be directed to be produced before the Court and set at liberty after setting aside Ext.P4 order of detention issued under Section 3(2) of the KAAPA.

3. The petitioner's son was allegedly involved in 7 crimes referred to in Ext.P4 order. By Ext.P4 order dated 03.03.09 issued by the 2nd respondent, the detenu was ordered to be detained. The order of detention was executed on 09.03.09. The record














































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