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2025 Supreme(Ker) 1512

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE P.B.SURESH KUMAR, MR.JUSTICE JOBIN SEBASTIAN, JJ
Shahana P., W/o Yasin Sajar – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.A.MOHAMMED ASLAM, RAMSHAD K.R., ARTHUR B. GEORGE, MIDHUN MOHAN, SHAHIN BADUSHA, SARATH SASI, ABDUL SAMAD P.B., MUHAMMED RISWAN K.A., FRANCIS ASSISI, AJEESH S.BRITE
For the Respondent: ADV. SRI. K.A. ANAS, GOVERNMENT PLEADER

JUDGMENT :

Jobin Sebastian, J.

An order of detention dated 28.11.2024 passed under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (‘KAA(P) Act’ for brevity) against one Yasin Sajeer @ Yasin Sajar, S/o Avarankutty, is under challenge in this writ petition. The petitioner herein is the wife of the detenu. After considering the opinion of the Advisory Board, the Government vide order dated 31.01.2025 has confirmed the order, and the petitioner’s husband has been ordered to be detained for a period of six months from the date of detention. 2.

As revealed from the records, the proposal for the initiation of proceedings under Section 3(1) of the KAA(P) Act was submitted by the District Police Chief, Palakkad. For the purpose of initiation of the said proceedings, the detenu was classified as a 'known goonda' as defined under Section 2(o)(ii) r/w 2(j) of the KAA(P) Act. For passing the order of detention, the authority reckoned 3 cases in which the detenu was involved. The case registered with respect to the last prejudicial activity is Crime No.440/2024 of Shornur Police Station, alleging the commission of offences punishable under Sections 20 (b)(ii)(B) and 29 of

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