Basant, J.

The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to direct the production and release of her husband Earnest (hereinafter referred to as ‘the detenu’) who stands detained preventively as per Ext.P1 order dated 15.9.2010 passed by the 1st respondent – District Magistrate, under Sec.3 of the Kerala Anti-social Activities (Prevention) Act, 2007 (hereinafter referred to as ‘the KAAPA’.)

2. In execution of Ext.P1 order dated 15.9.2010 the detenu was taken into custody on 23.9.2010. The order of approval under Sec.3(3) of the KAAPA has already been passed on 5.10.2010. The order under Sec.10(4) of the KAAPA is yet to be passed.

3. The detenu is categorized as a ‘known goonda’ under Sec.2(o) of the KAAPA.

Reliance was placed on 5 cases against the detenu in Ext.P1 order of detention. The detenu was sponsored for detention by the second respondent – Superintendent of Police, Kollam as per Ext.P2 report dated 23.7.2010 submitted by the second respondent. The following are the 5 cases relied on by the first respondent to categorise the detenu as a ‘known-goonda’.

S.N.

Crime No. & Police Station

C.C.No.

Offences alleged

Stage o