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ALEXANDER THOMAS, SOPHY THOMAS
Jasheela T. M, W/o Abbas – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
Alexander Thomas, J.
The prayers in the aforecaptioned Writ Petition (Crl.), seeking for issuance of writs of Habeas Corpus and certiorari, in regard to the challenge against the order to preventively detain the detenu herein, in terms of Sec.3(i) Kerala Anti-Social Activities (Prevention) Act, 2007 [hereinafter referred as 'KAAPA' for short] are as follows :
ii. To declare that the Exhibit P-10 Order bearing G.P.(Rt) No.2922/2022/HOME dated 21.10.2022 issued by Government of Kerala is unconstitutional, illegal and violative of Articles 21 and 22 of the Constitution;
iii. To issue appropriate writ order or direction quashing the Exhibit P-10 Order bearing G.P.(Rt) No.2922/2022/HOME dated 21.10.2022 issued by Government of Kerala'
iv. To issue appropriate writ order or direction quashing the Exhibit P-2 Order of Detention bearing No.DCKKD/5207/2022-S2 dated 27.06.2022 passed by District Collector/District Magistrate, Kozhikode, Respondent No.4;
v. To direct the concerned authorities to release
Sec.3(3) mandates that Government shall take a decision on approval of detention order, within 12 days from date of detention of detenu, after excluding public holidays.
The court confirmed that under amended KAAPA provisions, the detention of individuals for a year is permissible upon engaging in further anti-social activities post-release.
The power to fix the period of preventive detention under the KAAPA is exclusively vested in the Government after receiving the Advisory Board's report, and any initial stipulation of a detention per....
The power to fix the period of preventive detention under the Kerala Anti-Social Activities (Prevention) Act, 2007, is exclusively vested in the Government after the Advisory Board's recommendation, ....
It is well settled that an order of detention can be validly passed against a person, who is already in custody, subject to condition that detaining authority must necessarily be aware of fact that d....
There was a delay of five days in sending detention order to Government, which was not mentioned or explained in final order of State Government.
The court established that strict compliance with procedural requirements in preventive detention laws is essential to protect individual liberties, and any failure to do so renders the detention ord....
detention order will not in any manner even remotely show that the detaining authority, after consideration of the said crucial aspect has found that there are compelling reasons justifying the preve....
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