Basant, J.

What is the nature and quality of consideration which a representation made by a detenu under Article 22(5) of the Constitution of India and Section 7(2) of the Kerala Anti-social Activities (Prevention) Act, 2007 (hereinafter referred to as the `KAAPA') must receive at the hands of the Government? Does the failure to give a real and proper consideration by the Government vitiate continued detention? These questions arise mainly for consideration in this Writ Petition.

(2) In this application for issue of a writ of habeas corpus filed under Article 226 of the Constitution of India, the petitioner, the wife of the detenu, assails Ext.P1 order of detention passed under Section 3(1) of the KAAPA against the detenu.

2. The petitioner is the wife of K.Ravi, the detenu. The detenu was involved in as many as 5 cases; the details of which are given below:

Table

3. The Superintendent of Police, Kasargod, by his report under Section 3(1) of the KAAPA dated 23.01.09 [copy produced as Ext.R2(g)], submitted a proposal to the 2nd respondent (District Magistrate) to invoke the powers under Section 3(i) of the KAAPA to detain the detenu. Accepting the report of the sponsoring