K.M. Joseph, J.

1. The petitioner challenges detention of her husband (Martin @ Potty Martin) under the Kerala Anti Social Activities (Prevention) Act 2007 (hereinafter referred to as 'the Act'). The order of detention is Ext.P1 dated 5.9.2011. The detenu was detained on 10.9.2011. There are three cases which are the basis for Ext.P1. Crime No. 1098 of 2008 involves Ss. 143,147,148,120(b), 307 read with S. 149 of the Indian Penal Code and S.3 of the Explosive Substances Act. The date of occurrence was 17.11.2008. The charge sheet was filed on 30.9.2010. The next case is crime No. 161 of 2011, showing that the detenu appears to be involved with offences under Ss.341 and 323 of the Indian Penal Code. The date of the occurrence is alleged as 27.2.2011, for which the charge sheet was filed on 30.3.2011. Finally, the detenu is alleged to be involved in offences under S.294 (b), 341 and 506 (1) read with S.34 of the Indian Penal Code and the Crime number is 482 of 2011. The alleged incident occurred on 27.5.2011 at 2.30 a.m. The charge sheet is filed on 31.5.2011.

1. The declaration issued by Insurance Court that the appellant-establishment is covered under the Act is set aside.

2. The directions issued by Insurance Court to both parties, as per the impugned order are also set aside.

3. It is however, made clear that there will be no bar for the Corporation to decide whether appellant is an establishment covered under the Act or not, in accordance with law.

4. It is also made clear that dismissal of the application will not be a bar for the Insurance Court to decide the question of coverability of the establishment under the Act, in a properly instituted application under S.75 of the Act, in accordance with law.

5. The application filed by appellant under S.75 of the Act is dismissed as premature and not maintainable.

This Appeal is partly allowed.