SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Online)(KER) 29946

HIGH COURT OF KERALA
A. Muhamed Mustaque, SOPHY THOMAS, JJ
OMANA REVI – Appellant
Versus
STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY – Respondent


Advocates:
SARATH BABU KOTTAKKAL, REBIN VINCENT GRALAN, K.A.ANAS

J U D G M E N T

A.Muhamed Mustaque, J.

This writ petition (criminal) was filed challenging an order of detention. Petitioner is the mother of the detenue who has been detained pursuant to an order passed under the Kerala Anti-Social Activities (Prevention) Act, 2007 [hereinafter referred to as the “KAA(P)A”]. The learned counsel for the petitioner referred to Section 3 (3) of KAA(P)A and submitted that there was delay in forwarding the order of detention to the Government forthwith, after passing the detention order.

2. We perused the file. Detention order was passed on

6/9/2022. We see that the order has been executed on the same day. The petitioner further argued that there was a delay in considering the order by the Government for its approval. We see that the Government had approved it on 22/9/2022. The proposal was received by the Govt on 12/9/2022. We find that approval was also within time. The detenue is involved in a large number of cases. The number of cases and the nature of offences clearly justify the detention order. The argument that there was delay in passing the detention order after the last prejudicial activity is also legally unsustainable. It is appropriate to re

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top