K.T. Sankaran, J.

1. Henry Jose, the husband of the petitioner was detained under the Kerala Anti-Social Activities (Prevention) Act, 2007, hereinafter referred to as 'the KAAPA'. The order of detention was issued on 17-12-2011. The detenu was arrested on 21-12-2011. In exercise of the powers under Sec.10(4) of the KAAPA, the Government confirmed the order of detention. The Advisory Board opined that there was sufficient cause for the detention of the detenu. It is not in dispute that the detenu was detained under the KAAPA on an earlier occasion, as per the order of detention dated 05-11-2009.

2. The learned counsel for the petitioner submitted that the order of detention is bad in law and therefore, the continued detention of the detenu is illegal. The counsel raised two points; (1) In Crime No.1096/11 referred to in the order of detention, the detenu was in judicial custody at the time when the detention order was issued. Though the detaining authority mentioned in the order of detention that the detenu was in judicial custody on the date of issue of the order, it was further necessary for the detaining authority to satisfy as to whether there was any possibility for