K.T.Sankaran, J.

The questions involved in this Writ Petition are the following:

(1) For computing the period of "twelve days, excluding public holidays, from the date of detention," under sub-section (3) of Section 3 of the Kerala Anti-social Activities (Prevention) Act (hereinafter referred to as 'the KAAPA') whether Sundays can be excluded?

(2) When the detenu submits a representation to the Advisory Board with a request to forward the representation to the Government for consideration of the representation by the Government independently and expeditiously without waiting for the opinion of the Advisory Board, whether non-consideration of the representation by the Government would vitiate the continued detention of the detenu?

2. The detenu, Sreejith @ Unni, was detained on 21.1.2016 in execution of the order of detention dated 14.1.2016 issued by the District Magistrate, Thiruvananthapuram under Section 3(1) of the KAAPA. The Government issued the order of approval under Section 3(3) of the KAAPA on 4.2.2016, which was beyond the period of fifteen days from the date of detention.

3. The present order of detention is the 4th one passed against the detenu. The first order of detention dated 5.9.2011 was set aside in W.P.(Crl.) No.505 of 2011 on 7.2.2012. The second order of detention was passed on 4.2.2013. The detenu completed the term of detention as per that order. The third order of detention was passed on 25.1.2015, which was set aside in W.P.(Crl) No.192 of 2015 on 19.8.2015.

4. The points raised above are answered below.

Point No.1: The order of approval is evidently beyond the period of fifteen days from the date of detention. It is also not in dispute that 24.1.2016 and 31.1.2016 were Sundays and 26.1.2016 was the Republic Day. These days were admittedly holidays. It is not in dispute that if these three days were excluded, the order of approval was well within time. The contention of the learned counsel for the petitioner is that though Sundays are holidays, they are not public holidays as it was not so declared. For excluding public holidays under sub-section (3) of Section 3, the said public holidays should be declared public holidays. The petitioner produced Ext.P14 news item in Hindustan Times wherein it is mentioned as follows:

"The department of Personnel and Training, Government of India in its reply dated 18th July, 2012 signed by B. Bandopadhyay, under secretary stated, "As per records available in JCA section of Department of Personnel & Training, there is no information regarding declaration of Sunday as holiday."

5. The petitioner has produced copy of the Office Memorandum dated 21.5.1985, issued by the Department of Personnel & Training, Government of India, whereby the Government of India introduced 5-day week in the civil administrative offices of the Government of India with effect from 3rd June, 1985. It is mentioned therein that such Government offices would work for five days in a week from Monday to Friday, with all Saturdays as closed. The learned counsel for the petitioner pointed out that this Office Memorandum does not declare Sunday as a public holiday.

6. Section 25 of the Negotiable Instruments Act provides that when the day on which a promissory note or bill of exchange is at maturity is a public holiday, the instrument shall be deemed to be due on the next preceding business day. The Explanation to Section 25 reads as follows:

"Explanation.-- The expression "Public holiday" includes Sundays and any other day declared by the Central Government, by notification in the Official Gazette, to be a public holiday."

7. The learned Government Pleader brought to our notice the Government Order, G.O.(P) No.265/2015/GAD, Thiruvananthapuram, dated 15th October, 2015, whereby the Government of Kerala declared that in addition to Sundays, the days mentioned therein shall be public holidays. The relevant part of the Notification reads as follows:

"Under the explanation to Section 25 of the Negotiable Inst