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2015 Supreme(Ker) 832

V.K.MOHANAN, RAJA VIJAYARAGHAVAN V.
ABDUL RAZACK A. A. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
FOR THE APPELLANT : SRI.B.KUMAR (SR), SRI.JOSE ANTONY, SRI.O.V.MANIPRASAD
FOR THE RESPONDENT: GOVERNMENT PLEADER SMT.KOCHUMOL KODUVATH, DIRECTOR GENERAL OF PROSECUTION

JUDGMENT

Raja Vijayaraghavan. J.

1. This petition is filed under Art.226 of the Constitution of India, by the petitioner, praying for issuance of a writ of habeas corpus to direct release of his brother, Mohammed Nisham, son of A.B.Abdul Khader (late) (hereinafter referred to as "the detenu"), who is detained as per order dated 9.3.2015 passed by the 2nd respondent u/s 3 of the Kerala Anti Social Activities (Prevention) Act, 2007 (hereinafter referred to as "Act 34 of 2007").

2. The impugned detention order which is produced as Ext.P1 was passed by the 2nd respondent on the basis of three reports which are produced as Ext.P3, P4 and P5 dated 2.3.2015, 4.3.2015 and 9.3.2015 respectively, submitted by the 3rd respondent to the 2nd respondent u/s 3 (1) of the Act 34 of 2007. It is revealed from Ext.P3 that a report dated 28.2.2015 was submitted by the Circle Inspector of Police, Peramangalam, the subordinate Officer of the 3rd respondent, requesting for initiation of action against the detenu under the Act. When Ext.P1 order dated 9.3.2015 was passed by the 2nd respondent, the deten









































































































































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