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2009 Supreme(Ker) 803

M.C.HARI RANI, R.BASANT
Sarojini – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:For the Petitioner:P. Ramachandran, Advocate. For the Respondents: Government Pleader.

Judgment :-

Basant, J.

How is the period of five days under Section 7(2) of the Kerala Anti Social Activities (Prevention)Act (hereinafter referred to as the 'KAAPA') to be computed?

Does the law oblige the Government to pass an order under Section 10(4) within the period of nine weeks stipulated under Section 10(1)? These questions are raised mainly in this Writ Petition.

2. The petitioner, mother of a detenu detained under Section 3 of the KAAPA has filed this petition under Article 226 of the Constitution of India to set aside detention of the detenu under Exhibit P1 order and to set him at liberty.

3. The alleged detenu Raju is allegedly involved in four crimes referred to in detail in Exhibit P1. Those crimes are committed in the year 2005, 2006, 2006 and 2008. The 4th of those crimes is pending investigation, whereas in crimes 1 to 3 investigation is complete and final reports have already been filed. The 4th respondent submitted a proposal for invocation of the powers of detention under Section 3(1) to the 3rd respondent and it is accordingly that the 3rd respondent passed Exhibit P1 order of detention dated 1.7.2009. On the basis of the said order dated 1.7.2009, the detenu



























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