The court established that any undue delay in the communication of a detention order under KAAPA invalidates the entire detention process.

JUDGMENT

Alexander Thomas, J.

The prayers in the aforecaptioned Writ Petition (Crl.), seeking for issuance of writs of Habeas Corpus and certiorari, in regard to the challenge against the order to preventively detain the detenu herein, in terms of Sec.3(i) Kerala Anti-Social Activities (Prevention) Act, 2007 [hereinafter referred as 'KAAPA' for short] are as follows :

“i. To declare the period of detention beyond the Report dated 26.08.2022 issued by the Advisory Board, Respondent No.2 as illegal and violative of Articles 21 and 22 of the Constitution;

ii. To declare that the Exhibit P-10 Order bearing G.P.(Rt) No.2922/2022/HOME dated 21.10.2022 issued by Government of Kerala is unconstitutional, illegal and violative of Articles 21 and 22 of the Constitution;

iii. To issue appropriate writ order or direction quashing the Exhibit P-10 Order bearing G.P.(Rt) No.2922/2022/HOME dated 21.10.2022 issued by Government of Kerala'

iv. To issue appropriate writ order or direction quashing the Exhibit P-2 Order of Detention bearing No.DCKKD/5207/2022-S2 dated 27.06.2022 passed by District Collector/District Magistrate, Kozhikode, Respondent No.4; v. To direct the concerned authorities to release the detenue 'Bushar Jamhar' and set him at liberty forthwith.

vi. Grant such other direction or order, deemed appropriate by this Hon'ble Court in the facts and circumstances of the case.”

2. Heard Sri.Mathew A.Kuzhalnadan, learned Advocate instructed by Smt.Sradhaxna Mudrika, learned counsel appearing for the petitioner and Sri.K.A.Anas, learned Public Prosecutor appearing for the respondents.

3. The petitioner herein is the mother of the detenu involved in this case (Bushar Jamhar, aged 29 years, S/o Abbas), who has been ordered to be detained in terms of Ext.P-2 order dated 27.06.2022, issued by the 4th respondent (District Collector/District Magistrate, Kozhikode), whereby it has been ordered that, in view of the aspects mentioned therein, the 4th respondent is satisfied that the detention of the detenu under Sec.3(i) of the KAAPA is necessary, to prevent him from committing further prejudicial anti-social activities, as understood in Sec.2 (a) of the KAAPA.

4. The brief facts necessary for the disposal of this case are as follows : The District Police Chief concerned, as the sponsoring authority, has submitted a report dated 24.04.2022, recommending to the 4th respondent-District Magistrate, who is the authorized detaining authority, that, in view of the factual details given therein, it is a fit case to enable the 4th respondent to invoke the powers under Sec.3(i) of the KAAPA, in order to issue orders to preventively detain the detenu, so as to prevent him from committing further prejudicial activities. 11 crimes, in which the detenu has been involved as an accused, have been stated in the said report of the sponsoring authority. Seven crimes out of the said 11 cases have been reckoned by the 4th respondent and he has issued Ext.P-2 detention order dated 27.06.2022, ordering that the detenu is to be detained under Sec.3(i) of the Act, etc. The last prejudicial activity, said to be committed by the detenu in this case, is on 07.03.2022. The detenu was arrested and remanded to judicial custody in that case on 14.04.2022 and later, he was released on bail on 07.05.2022. Ext.P-2 detention order was executed by the arrest of the detenu on 29.06.2022. Proposal was sent by the 4th respondent, for the approval of the Government on 01.07.2022. The Government has issued order dated 12.07.2022, approving Ext.P-2 detention order. Thereafter, the Government has referred the matter for the opinion of the Advisory Board on 15.07.2022. The Advisory Board has given its opinion in the matter on 26.08.2022. The Government has thereafter issued Ext.P-10 G.O (Rt.) No.2922/2022/Home dated 21.10.2022, confirming Ext.P-2 detention order. The details of the seven crimes, reckoned by the 4th respondent (Detaining Authority), in the issuance of Ext.P-2 detention order has