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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
NISHA K – Appellant
Versus
THE ADDITIONAL CHIEF SECRETARY HOME (SSA) DEPARTMENT, GOVERNMENT OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenge to detention under kaa(p) act (Para 1 , 2) |
| 2. court observations on evidence and detention legality (Para 4 , 6 , 7 , 10) |
| 3. petitioner's arguments on detention legality (Para 5 , 9 , 11) |
JUDGMENT
Jobin Sebastian, J.
This writ petition is directed against an order of detention dated 03.08.2025 passed against one Nikhil V.S, the detenu, 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 said detention order stands confirmed by the Government vide order dated 06.10.2025, and the detenu has been ordered to be detained for a period of six months, from the date of detention.
2. The records reveal that, on 12.07.2025, after considering the recurrent involvement of the detenu in criminal activities, a proposal was submitted by the District Police Chief, Palakkad, seeking initiation of proceedings against the detenu under Section 3 (1) of the KAA(P) Act before the jurisdictional authority, the 2nd respondent. 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 KAA(P)
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