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2016 Supreme(Ker) 665

K.T.SANKARAN, K.ABRAHAM MATHEW
SUSHA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SRI.C.RAJENDRAN, SRI.K.R.RANJITH
For the Respondent: SENIOR GOVERNMENT PLEADER SRI.P.P.THAJUDEEN

JUDGMENT :

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
























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