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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 :
Jobin Sebastian, J.
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.
2. The records reveal that on 11.07.2025, a proposal was submitted by the District Police Chief, Thiruvananthapuram Rural, seeking initiation of proceedings against the detenu under the KAA(P) Act before the jurisdictional authority, the 3rd respondent. For the purpose of initiation of the said proceedings, the detenu was c
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