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RAJA VIJAYARAGHAVAN V., G. GIRISH
Kumari A. V. – Appellant
Versus
State Of Kerala Represented By The Principal Secretary To Government, Home And Vigilance Department – Respondent
JUDGMENT :
Raja Vijayaraghavan, J.
The mother of a person detained under Section 3 of the Kerala Anti Social Activities (Prevention) Act, 2007 (‘KAAPA’ for brevity) has approached this Court with this petition filed under Article 226 of the Constitution of India seeking to quash Ext.P1 detention order and to set him at liberty.
2. Introductory Facts:
Ext.P1 order, which is impugned in this Writ Petition, was issued on 16.5.2024 on being satisfied, both objectively and subjectively, that a detention order under Section 3(1) of the KAAPA is to be issued to prevent the detenu, classified as a “known rowdy” as defined under Section 2(p) r/w. Section 2(t) of the KAAPA, from continuing to perpetrate any anti-social activity.
3. Detenu was arrested on 18.5.2024 and he is undergoing detention.
4. Previous history of the Detenu:
In Ext.P1 order, the entire criminal history of the detenu including previous cases in which he got himself involved and three other cases that were not reckoned for passing the detention order has been mentioned. Brief details of the case are as under:
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....
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.
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 court established that excessive delays in preventive detention orders and in the consideration of representations violate constitutional rights, necessitating strict compliance with procedural s....
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, ....
As per Section 13(2)(i) of KAA(P)A, if detenue is found involved in one more offence which comes within description of section 2(p) of Act, after completion of first detention, a further order of det....
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....
Preventive detention under the KAA(P) Act is valid if the authority satisfies the triple test concerning the risks posed by a detainee's possible release on bail.
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