K. M. Joseph, J.

1. Petitioner is the father of Swaroop (hereinafter referred to as the detenu). The petitioner's son stands detained under the provisions of the Kerala Anti - Social Activities (Prevention) Act (for short, 'the Act'). The detenu has been detained on the basis that he is a known - rowdy, vide Ext. P9 order. Ext. P9 is dated 27-09-2011. Pursuant to the order, the petitioner came to be arrested on 20-11-2011 (the date of detention, according to the learned ADGP is 21-11-2011). The order is approved vide Ext. P10 dated 02-12-2011.

2. We heard learned counsel for the petitioner and the learned Additional Director General of Prosecutions. There is also representation on the part of Assistant Solicitor General.

3. Learned counsel for the petitioner would address the following arguments before us : He would submit that 44th Amendment Bill to the Constitution of India was passed way back in 1978. It received the assent of the President shortly thereafter. No doubt, the Bill contemplated that Executive must bring the Bill into force from a particular date. Despite the passage of more than three decades, it is complained that on account of the inaction of the Exec