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ANU SIVARAMAN, C. JAYACHANDRAN
Malathy Ravi, W/o. Ravi – Appellant
Versus
State of Kerala, Represented by the Chief Secretary to Government, Home Department, Government Secretariat – Respondent
JUDGMENT :
C. Jayachandran, J.
Ext.P1 detention order issued under Section 3 of the Kerala Anti-Social Activities (Prevention) Act, 2007 ('KAA(P)A' for short) is under challenge in this writ petition. Petitioner is the mother of the detenu, Vineeth @ Kunji. Ext.P1 detention order was confirmed by the Government under Section 10(4) of the Act as per GO dated 14.07.2023, as per which, the detenu was put under preventive detention for a period of six months with effect from the date of detention, i.e., 06.04.2023. The Detaining Authority took into consideration five instances of anti-social activity to issue the impugned detention order, the details of which are narrated under the tabular statement shown here below :
| Sl. No. | Police Station | Crime No & Section | Date of Occurrence | Status of case when detention order was issued |
| 1. | Kodakara | 171/2018 U/s 341, 323, 324, 326, 294(b), 34 IPC | 23/03/18 | Pending trial (CC 1756/2018) |
| 2. | Thirunelli | 385/2018 U/s 109, 120(b), 395, 212 IPC | 17/11/18 | Pending trial (SC 91/2022) |
| 3. | Varandarappilly | 363/2019 U/ | ||
Point of Law : Court cannot hold that a pre-arrest/pre-detention delay in executing detention order will prejudice detenu in any manner.
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, ....
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....
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.
Preventive detention orders can be validly issued against individuals in judicial custody if the authority demonstrates sufficient grounds to believe they pose a future threat of criminal activity.
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.
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.
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