ALEXANDER THOMAS, SOPHY THOMAS
Afsal L. S. S/o Latheef – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
ALEXANDER THOMAS, J.
1. The prayers in the afore captioned Writ Petition (Criminal) seeking for issuance of writs of certiorari and Habeas Corpus in relation to the impugned order of preventively detaining the detenu under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 are as follows:
(ii) Issue a writ of certiorari or any other writ, order or direction quashing Exhibits P3 and P5 orders.
(iii) And grant such other and further relief, as this Hon’ble Court may deem fit and proper in the interest of justice.
(iv) dispense with the filing of the translation of vernacular documents.”
2. Heard Sri. Nireesh Mathew, learned counsel appearing for the petitioner and Sri. K.A. Anas, learned Prosecutor appearing for the respondents.
3. The brief facts necessary for the disposal of this case are as follows.
4. The petitioner herein is the brother of the detenu. That the 3rd respondent District Police Chief (Spon
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If person concerned is in judicial custody and if there is likelihood of his being released shortly, then detaining authority may stay its chance for a short while and think of passing an order of de....
Law is well settled that legal parameters should be fulfilled by detaining authority to justify a case of preventive detention, where an accused is already under judicial remand in a crime.
Detenu will satisfy definitional parameters of “known goonda” as per Section 2(o) read with Section 2(j) of Act.
Preventive detention is valid even if the detenu is in judicial custody if the authority proves likelihood of bail and potential criminal activity upon release.
Point of Law : Order should be passed under Section 3(1) to preventively detain detenu as he is likely to commit further prejudicial anti-social activities.
Expression “compelling reasons” in context of making an order for preventive detention of a person already in custody implies that there must be cogent materials before detaining authority.
Point of Law : Detenue is already in custody in some other case, at time when the preventive detention order was passed, and should also satisfy the other parameter
A detention order can be validly passed under preventive detention even if the individual is in judicial custody, contingent on established criteria of likely bail release and previous criminal histo....
Detention under preventive laws can validly occur even if the individual is in judicial custody, provided there is proper justification.
Detention orders under preventive detention laws can be validly issued against individuals in judicial custody, provided there is a reasonable belief of imminent bail and likelihood of prejudicial ac....
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