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A. MUHAMED MUSTAQUE, S. MANU
Sindhu W/O Rajan – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
S.MANU, J.
By Ext.P1 order dated 04.05.2024 issued by the 2nd respondent, son of the petitioner, Sri.Rahul Raj was directed to be detained under the provisions of Kerala Anti-Social Activities (Prevention)Act, 2007 (hereinafter referred to as KAAPA) for a period of one year. The detenu was earlier detained for a period of six months and was released on 27.10.2023. Thereafter, he was implicated in two more criminal cases. In the second round of proceedings, the detaining authority took note of Crime No.165/2024 of Kaipamangalam Police Station, in which the alleged occurrence was on 22.02.2024, for the purpose of passing the second order of detention. At the time of hearing, learned Counsel appearing for the petitioner raised two contentions before us. The first contention is that the last prejudicial activity happened on 22.02.2024, which led to the registration of Crime No.165/2024 of Kaipamangalam Police Station and the detenu was arrested on 22.06.2024 in connection with the same case. Ext.P1 order of detention was issued while he was undergoing judicial custody in connection with the said crime. The learned Counsel submitted that though the detenu was in judicial custod
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, ....
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....
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.
Once a confirmatory order of detention is passed under Section 12(1) of the National Security Act, the State Government has no authority to review or extend the order. The detention becomes illegal a....
Point of Law : Court cannot hold that a pre-arrest/pre-detention delay in executing detention order will prejudice detenu in any manner.
Preventive detention orders must comply with procedural safeguards; minor delays in communication do not invalidate detention if confirmed within three months.
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