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P. B. SURESH KUMAR, JOBIN SEBASTIAN
Ayishabi Thcharakkunnummal – Appellant
Versus
State Of Kerala Represented By The Additional Chief Secretary To Government, Home And Vigilance Department – Respondent
JUDGMENT :
P.B.Suresh Kumar, J.
This writ petition is instituted seeking a writ of habeas corpus directing the respondents to produce the son of the petitioner, Muhammed Muneer who is undergoing detention in terms Ext.P1 order issued under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (the Act) and set him at liberty. Ext.P1 order was issued on 25.10.2024 and it was executed on 26.10.2024. Ext.P1 order is issued on the premise that the detenu is a “known rowdy”.
2. There was an earlier order of detention against the detenu under the Act and the same was revoked by the Government on the basis of the report of the Advisory Board constituted under the Act. It was thereafter that the present order of detention has been issued taking into account the prejudicial activities in which the detenu was indulged in after revocation of the earlier order of detention. Two cases in which the detenu was involved after his release pursuant to the revocation of the earlier order of detention have been considered for the purpose of issuing the present order of detention. They are Crime No.1184 of 2024 of Perinthalmanna Police Station and Crime No.542 of 2024 of Cherpulassery P
The court affirmed that a detention order under the Kerala Anti-Social Activities Act is valid despite delays in proposal submission if the detenu was in custody, and representation need not be consi....
The court affirmed that previous crimes may be considered in detention orders under the Kerala Anti-Social Activities Act, with permissible delays explained adequately by authorities.
Statutory compliance is essential in preventive detention; mere allegations of delay and non-compliance with procedural safeguards do not automatically invalidate the order.
Detention under KAA(P) Act valid despite procedural challenges; delay justified as detenu was in custody, and classification as 'known rowdy' supported by sufficient evidence.
Time consumed by the detaining authority for seeking additional particulars in the case on hand cannot be said to be reasonable, justifying the delay.
Preventive detention orders must comply with procedural safeguards; minor delays in communication do not invalidate detention if confirmed within three months.
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.
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