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2023 Supreme(Ker) 973

ANIL K. NARENDRAN, G. GIRISH
Kiran Ronald, S/o. Ronald – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : C.P.UDAYABHANU NAVANEETH.N.NATH RASSAL JANARDHANAN A. ABHISHEK M. KUNNATHU BOBAN PALAT P.U.PRATHEESH KUMAR P.R.AJAY K.U.SWAPNIL
For the Respondent: SRI K.A. ANAS, ADV

JUDGMENT :

Anil K. Narendran, J.

The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 detention order dated 03.04.2023 issued by the 2nd respondent District Magistrate, Kollam under Section 3(2) of the Kerala Anti-Social Activities (Prevention) Act, 2007, for brevity, ‘the KAAPA’, and Ext.P5 order dated 05.07.2023 of the 1st respondent State, whereby Ext.P1 detention order stands confirmed. The petitioner has also sought for a writ of Habeas Corpus commanding the respondents to produce the detenu ‘Shanu’ before this Court and set him at liberty forthwith.

2. The petitioner is the cousin brother of the detenu ‘Shanu’. In the writ petition, it is alleged that the arrest and detention of the detenu is in violation of all the provisions and procedures established by law, his fundamental rights guaranteed under the provisions of the Constitution of India, the provisions of the KAAPA and the direction issued by the Apex Court in the decision reported in D.K. Basu v. State of West Bengal [(1997) 1 SCC 416]. It is also alleged that while issuing Ext.P1 detention order, the cases which were already considered f

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