Basant, J.

1. How is the expression "excluding those offences punishable with less than one year of imprisonment" in Section 2(t) (ii) of the Kerala Anti-social Activities (Prevention) Act, 2007 (hereinafter referred to as `the KAAPA') to be understood?

(ii) Is it to be insisted that offences must be mandatorily visited with a sentence of imprisonment of one year before such offence is included within the ambit of Section 2 (t)(ii)?

(iii) Are all offences, which may in the discretion of the Court, be visited after trial with the punishment of imprisonment less than one year or fine only, to be excluded from consideration under Section 2(t)(ii) of the KAAPA?

These questions of importance arise for consideration in this Writ Petition.

2. To the vital and relevant facts first. The petitioner is the mother of Shamsudheen, S/o. Khader (hereinafter referred to as `the alleged detenu'), who is preventively detained under Ext.P1 order dated 18.02.2010 passed by the 1st respondent – District Magistrate, Kasaragod. In execution of Ext.P1 order of detention, the detenu has been arrested and he continues in custody from 19.02.2010. Approval under Section 3(3) of the KAAPA and con