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2022 Supreme(Ker) 895

ALEXANDER THOMAS, SOPHY THOMAS
Jasid A. S. S/o Sulaiman – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Liffy P. Francis.
For the Respondent: K.A. Anas.

JUDGMENT :

ALEXANDER THOMAS, J.

1. The prayers in the instant Writ Petition (Criminal) seeking for issuance of Writ of Habeas Corpus and Certiorari, in regard to the challenge against the order preventing and detaining the detenu in this case under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007, are as follows:

    “(i) A writ of habeas corpus directing the respondents to produce the detenue forthwith in the interest of justice.

(ii) Writ of certiorari calling for the entire records pertaining to Exhibit P-1 detention order and quash Exhibit P1 detention order as it ultravires constitution and is against law.

(iii) Any other writ or order that this Hon'ble Court may deem fit according to the facts and circumstances of the case.”

2. Heard Sri. Liffy P. Francis, learned counsel appearing for the petitioner and Sri. K.A. Anas, learned Prosecutor appearing for the respondents.

3. In the instant case, brief facts which are necessary for the disposal of this case are as follows:

    The petitioner is the brother of the detenu involved in this case (Sri. Sinar, aged 26 years, S/o Sulaiman) who has been detained in terms of Ext.P-1 detention order dated 15.8.2022 issued by the 2n

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