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2010 Supreme(Ker) 392

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


Advocates Appeared:For the Petitioner:Renjith B. Marar, Advocate. For the Respondents: Government Pleader.

Judgment :-

Basant, J.

1. Does Section 10(2) of the Kerala Anti-Social Activities (Prevention) Act (hereinafter referred to as 'the KAAPA') apply, control and guide proceedings under Section 15(2) of the KAAPA? This is the short question of law that arises for consideration in this case.

2. This petition has been filed by the petitioner to assail an order of restraint passed against his brother by the 3rd respondent under Section 15(1) of the KAAPA, which order has been upheld by the Advisory Board constituted under Section 8 of the KAAPA vide Ext.P5 order. It is unnecessary to advert to the relevant facts in any greater detail in the nature of the limited contention that is raised before us. The petitioner's brother one Sushi was proceeded against on the ground that he is a known goonda. Show cause notice dated 16/11/2009 (Ext.P2) was issued. That evoked Ext.P3 reply from the said Sushi. Ext.P4 order of restraint under Section 15 of the KAAPA was passed by the 3rd respondent against the said Sushi on 19/1/2010. That was served on him on 28/1/2010. The order directed the said Sushi not to enter specified areas for a period of four months from the date of service of the said order Ex




















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