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2009 Supreme(Ker) 744

R.BASANT, M.C.HARI RANI
Praseetha – Appellant
Versus
State of Kerala, Rep. By Additional Chief Secretary to Govt – Respondent


Advocates Appeared:For the Petitioners:M. Rajagopalan Nair, G. Biju, S. Jayaprakash Advocates. For the Respondents: C.M. Kammappu, Government Pleader, K.K. Ravindranath, Addl.Dir.General of Prosecutions.

Judgment :-

Basant, J.

1) Does revocation of a detention order under Section 10(4) fall within the sweep of Section 13(2) of the Kerala Anti Social Activities (Prevention) Act (hereinafter referred to as the 'KAAPA')?

2) Does Section 13(2) (i) of the KAAPA override the requirements of Section 3(1) of the KAAPA and is it independent of the stipulations of Section 3(1) of the KAAPA?

These are the questions of law coming up for consideration in this writ petition.

2. The petitioner is the wife of the detenu by name Syamkumar, who has been detained under Section 3(1) read with Section 13(2) of the KAAPA. A synoptic resume of the events which led to the passing of the impugned order of detention (i.e.Ext.P1) appears to be vital and necessary.

3. The detenu was involved in four criminal cases, the details of which are given below:

Table

erred in assuming that Section 13(2) of the KAAPA granted a power to detain without strict compliance with the provisions of Section 3 of the KAAPA.

2) Revocation under Section 10(4) cannot be reckoned as revocation under Section 13

(1) and consequently it must be held that the provisions of Section 13(2) have no application to an order of revocation under




















































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