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2024 Supreme(Ker) 116

A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
REMA VIJAYALAL W/O VIJAYALAL – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M.H. HANIS, P.M. JINIMOL, T.N. LEKSHMI SHANKAR, ANANDHU P.C., NEETHU G. NADH, CIYA E.J.
For the Respondent: K.A. ANAS.

JUDGMENT :

A. MUHAMED MUSTAQUE, J.

1. This is the third detention order. The detenu is in judicial custody since 16.02.2023. The detention order was passed on 05.04.2023 and the detention is for one year.

2. The learned counsel for the petitioner placed reliance on Section 10(4) as also Section 12 of the Kerala Anti-Social Activities (Prevention) Act, 2007. The said provisions read thus:

    “Section 10(4) - In every case where the Advisory Board has reported that there is in its opinion sufficient cause for the detention of a person, the Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit and in every case where the Advisory Board has reported that there is in its opinion no sufficient cause for the detention of a person concerned, the Government shall revoke the detention order and cause the person to be released forthwith.”

(Emphasis supplied)

Section 12 - Maximum period of detention - In pursuance of the first detention order made against any person under this Act and confirmed under Section 10, he may be detained for a period which may extend up to six months from the date of the detention and in pursuance of suc

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