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2017 Supreme(Ker) 670

K.HARILAL, RAJA VIJAYARAGHAVAN V.
Ansar T. A. – Appellant
Versus
State of Kerala, Represented By The Principal Secretary To Government, Home And Vigilance Department, Government Secretariat, Thiruvananthapuram – Respondent


Advocates Appeared:
For the Petitioner: Sri. M.H. Hanis
For the Respondent: Sri. Suresh Babu Thomas, Sri. K.A. Anas

JUDGMENT :

Raja Vijayaraghavan, J.

This writ petition filed with a prayer to issue a Writ of Habeas Corpus under Article 226 of the Constitution of India has been filed by the petitioner herein to direct the production of his brother Ashkar, (hereinafter referred to as 'the detenu') who is detained in custody pursuant to an order passed under Section 3 of the Kerala Anti Social Activities (Prevention) Act, 2007 (referred to as "KAAPA" for brevity) before this Court and to release him from detention.

2. The detenu, Ashkar, was allegedly involved in 7 criminal cases all of which are pending trial. Taking note of his penchant to disturb public peace and to prevent him from perpetrating anti-social activities, a request was submitted before the 3rd respondent by the Station House Officer, Thrissur West Police Station with the prayer to invoke the provisions of the KAAPA against the detenu. The 3rd respondent submitted a report dated 03/08/2016 before the 2nd respondent. The 2nd respondent thereupon issued an order of detention dated 09/09/2016 under Section 3 of the KAAPA. The deten


























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