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2023 Supreme(Online)(KER) 7492

HIGH COURT OF KERALA
P. B. Suresh Kumar, C.S. Sudha, JJ
JUNAIDA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
AJITH VISWANATHAN, SHIBU JOSEPH

JUDGMENT

P.B.Suresh Kumar, J.

This writ petition is instituted seeking a writ of Habeas Corpus directing the respondents to produce the son of the petitioner who is detained in terms of Ext.P1 order issued under Section 3(1) read with Section 3(2) of the Kerala Antisocial Activities (Prevention) Act, 2007 (the Act). The petitioner seeks the relief aforesaid on the premise that the detention order is illegal.

2. Ext.P1 order was issued on 23.11.2022 and the same was approved by the Government on 05.12.2022 as provided for under Section 3(3) of the Act. In the meanwhile, on

25.11.2022, the detention order was executed. Ext.P1 order proceeds on the premise that the son of the petitioner is a known rowdy and that with a view to prevent him from committing any antisocial activity, it is necessary to detain him.

3. Though several contentions were raised in the writ petition, the only contention pressed by the learned counsel for the petitioner at the time of hearing is that the order of detention is illegal inasmuch as the procedural requirement under Section 3(3) of the Act has not been complied with. The argument advanced by the learned counsel for the petitioner in this regard is that in

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