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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN
Sanil. M.k. S/o. Muhammed khani – Appellant
Versus
State Of Kerala Represented By The Chief Secretary To Government – Respondent
| Table of Content |
|---|
| 1. detention orders based on past activities must reflect a clear risk of future harm. (Para 1 , 2 , 3) |
| 2. arguments must substantiate the legality of detention despite judicial custody. (Para 4 , 5 , 6) |
| 3. judicial precedents set the framework for valid detention orders. (Para 7 , 8 , 9 , 11 , 12 , 13) |
JUDGMENT :
1. The petitioner herein is the brother of one Suhail Khani ('detenu' for the sake of brevity) and his challenge in this Writ Petition is directed against Ext.P2 order of detention dated 31.07.2025 passed by the 3rd respondent under Section 3 (1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (‘KAA(P) Act’ for brevity). The said order stands confirmed by the Government, vide order dated 21.09.2025, and the detenu has been ordered to be detained for a period of six months with effect from the date of detention.
3. Altogether, six cases in which the detenu got involved have been considered by the jurisdictional authority for passing the order of detention. Out of the said cases considered, the case registered with respect to the last prejudicial activity is crime No.599/2025 of Kadinamkulam Police Station, alleging commission of the offences punishab
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