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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
SAJANA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. writ petition challenging a detention order under kaa(p) act. (Para 1 , 2) |
| 2. arguments on the validity of the detention order based on delay. (Para 4 , 5) |
| 3. discussion on the impact of delay on the validity of detention. (Para 6 , 7 , 10 , 11) |
| 4. final ruling to set aside the detention order. (Para 12) |
J U D G M E N T Jobin Sebastian, J.
This writ petition has been directed against an order of detention dated 18.08.2025, passed against one Iqlas T.V., S/o. Rasheed T.V. under Section 3 (1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (‘KAA(P) Act’ for brevity). The petitioner herein is the mother of the detenu. The detention order stands confirmed by the Government vide order dated 18.10.2025 and the detenu has been ordered to be detained for a period of six months.
2. The records available before us disclose that on
11.07.2025, a proposal was submitted by the Deputy Commissioner of Police, Kozhikode City, seeking initiation of proceedings under Section 3 (1) of the KAA(P) Act before the jurisdictional authority. For the purpose of initiation of the said proceedings, the detenu was classified as a 'known rowdy' as defined under Section 2p (iii) of the
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