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2018 Supreme(Ker) 660

K.VINOD CHANDRAN, ASHOK MENON
Ponnappan N. N. – Appellant
Versus
State of Kerala Represented By Additional Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Abdul Jaleel.A, Smt.M.A.Sulfia Advs.
For the Respondent: Sri Suresh Babu Thomas, Addl. Director General Of Prosecution Sri K A Anas, Government Pleader

JUDGMENT :

VINOD CHANDRAN, J.

1. The petitioner, the father of a detenu, is before this Court challenging the detention and raising very many grounds against the same. The first objection is with respect to the order having not been passed in compliance with sub-Section (3) of Section 3 of the Kerala Anti-Social Activities (Prevention) Act, 2007 ('KAAPA', for short). The date of arrest is 27.4.2018 and approval order of the Government is passed on 9.5.2018 by Ext.P2, which is beyond the 12 day period prescribed under Section 3(3). The second objection is with respect to the detaining authority having not entered into a subjective satisfaction of the need to keep the petitioner's son in detention. The last objection is on the delay caused in taking up the proceedings for preventive detention and the order passed, which is five months after the date on which the incident occurred on which the last crime was registered.

2. The learned Government Pleader points out that the order has been passed in compliance with sub- Section (3) of Section 3 of the KAAPA, especially taking into account the public holidays, which came within the period between the detention and the order of confirmation.































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