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2014 Supreme(Ker) 104

K. Hidayath – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:Vincent Joseph, Advocate.
For the Respondents: K.I. Abdul Rasheed, Addl. Director General of Prosecution.

Judgment :

K.T. Sankaran, J.

1. The question of law involved in this Writ Petition is whether an order of detention under Section 3 of the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as the KAAPA) can be issued without recourse to passing an order under Section 15 of the KAAPA.

2. Anwar, the son of the petitioner, was ordered to be detained as per the order issued by the second respondent under Section 3(1) of the KAAPA. Anwar was arrested on 15.9.2013 in execution of the order of detention. The procedural formalities were completed regarding approval by the Government under Section 3(3) of the KAAPA. The Advisory Board opined that there is sufficient cause for the detention of Anwar. The Government confirmed the order of detention as provided under sub-section (4) of Section 10 of the KAAPA. In this Writ Petition, the order of detention is under challenge. The learned counsel for the petitioner raised three points for consideration.

(i) Before passing an order of detention under Section 3(1) of the KAAPA, the second respondent should have resorted to the proceedings under Section 15(1) of the KAAPA.

(ii) The grounds of detention and copies of the relev


















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