Basant, J.

The petitioner has come to this court for issue of a writ of habeas corpus to cause the production of and direct the release of her husband Victor, S/o. Youhanan who is under detention by Ext.P1 order passed by the first respondent under Section 3 of the Kerala Anti Social Activities (Prevention) Act, 2007 (hereinafter referred to as `the KAAPA). The said order was issued on 28-10-2009. The detenu was taken into custody in execution of that order on 6-11-2009. The order of approval under Section 3(3) of the KAAPA has already been passed by the Government. The order of confirmation under Section 10(4) of the KAAPA has not been passed so far. The detenu has been classified as a known goonda. Reliance is placed on five cases. The following are the five cases relied upon:

TABLE

2. We have heard the learned counsel for the petitioner and the learned Government Pleader. Various grounds of challenge are raised. For the purpose of resolving the controversy in this writ petition, we are satisfied that only the following ground need be considered.

"There is no material to show that the detenu is a known goonda under Section 2(o)(ii) of the KAAPA."

3. It is trite that th