P.R. Ramachandra Menon, J.

We are called upon to decide (by Reference Order dated 01.12.2010 passed by a Division Bench of this Court) whether the dictum laid down in Safiya v. State of Kerala (2009 (1) KLT 7) requires to be reconsidered. The more pointed question raised is whether the detaining authority is to record the subjective satisfaction under Section 3 of the Kerala Anti-Social Activities (Prevention) Act, 2007(KAAPA) (hereinafter called the 'Act' in short) solely on the basis of the finding on investigation recorded by the competent authority in Police?. In other words, whether the observations made by the Division Bench in Safiya's case are to be read and understood as to a situation where final report is submitted by the police under Section 173(2) of the Cr.P.C., is it no more open for the detaining authority to consider anything more while passing an order under Section 3(1) of the KAAPA; or is it not necessary for the detaining authority to pass an order with proper application of mind as to whether any circumstance is brought out to pass such an order, necessitating to keep the detenue under preventive detention?.

2. Heard Mr. Vipin Narayan, the learned coun