S.R. Bannurmath, C.J.

This petition for issue of writ of habeas corpus has been referred by the Division Bench to decide the following question:

"Whether non-specification of the period of detention in the order of detention passed under Section 3(1) and also the order of approval under Section 3(3) of the Kerala Anti-Social Activities (Prevention) Act, 2007 [hereinafter referred to as "KAAPA") vitiates the order of detention".

2. The brief facts necessary for our consideration are as follows: The brother of the petitioner is detained under the KAAPA by the order Exhibit P5 dated 20.04.2009. After his arrest on 28.04.2009, his detention was approved by the Government under Section 3(3) of KAAPA and after obtaining the opinion of the Advisory Board, the Government issued Exhibit P8 order confirming the order of detention. It is the case that the detenu is a known goonda, he having been involved in five cases, and hence the order of detention was passed and the grounds of detention thereto. The main contention raised by the detenu is that if as per Section 3(1) of KAAPA the Authorised Officer passes an order of detention, which is subject to confirmation under Section 10(4