A Division Bench of the Kerala High Court on Tuesday asked the State government to respond to a writ petition challenging the detention of Mohammed Nisham, an accused in the murder of a security guard in Thirssur, under the Kerala Anti-Social Activities (Prevention) Act (KAAPA).
The Bench comprising C.K. Abdul Rehim and Justice P.B. Suresh Kumar adjourned the hearing on the petition to May 21 to enable the government pleader to get instructions in the case.
The petition was filed by A.A. Abdul Razak, brother of Mohammed Nisham. According to him, the detention order had been passed by the authorities without applying any mind.
Nor there were relevant materials before the authorities to pass the detention order.
The detention order passed by the government on March 9 had come into effect from March 11.
Besides, the authorities had no jurisdiction to pass the order.
The constitutional and other statutory provisions had been violated while passing the order.
The petition sought to quash the detention order.
