K.M.JOSEPH, M.L.JOSEPH FRANCIS
K. Said Mohammed – Appellant
Versus
State Of Kerala – Respondent
K.M. Joseph, J.
The petitioner has approached this Court being aggrieved by the illegal detention of his son, Mohammad Afsal @ Afsal (hereinafter referred as the detenu) pursuant to the order of detention passed under the provisions of Kerala Anti – Social Activities (Prevention) Act, 2007 (hereinafter referred to as the Act). Accordingly he seeks a writ of habeas corpus directing the respondent to produce the person of the detenu and to set him at liberty forthwith and to declare that Ext.P1 order of detention is illegal and vitiated.
2. We heard the learned senior counsel for the petitioner, Sri. O. V. Maniprasad and the learned Senior Government Pleader Sri. P. Raveendra Babu.
3. Learned counsel for the petitioner would address before us the following contentions:
In the first place he would submit that the order of detention is vitiated by non application of mind. He enlists the following facts in support of his contention:
The order of detention is passed on 13.8.2010. A case is registered under the provisions of the Act by the Sub Inspector of Police on 13.8.2010 at 12.06 hrs at Mannarkkad, Palakkad district. He sent a report proposing for taking action under t
2. Najmunnisa v. State of Kerala (2010 (3) KLT 334)
3. Bose v. Secretary to Government (2010 (2) KLT 325)
5. Devji Vallabhai Tandel v. The Administrator, Goa
7. Radhakrishnan Prabhakaran v. State of Tamil Nadu (2000 (9) SCC 170)
1. Mary Kuriakose v. State of Kerala (2011 (1) KLT 167)
6. J. Abdul Hakeem v. State of Tamil Nadu ((2005) 7 SCC 70)
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