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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
SAHIRA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. detention order's legality under kaa(p) act. (Para 1 , 2) |
| 2. contentions against the order. (Para 5 , 6) |
| 3. court's assessment on detention legality. (Para 8 , 9 , 10) |
| 4. procedures and requirements under kaa(p) act. (Para 12 , 13) |
JUDGMENT
Jobin Sebastian, J.
This writ petition is directed against an order of detention dated 30.07.2025 passed against one Badusha Muthu @ Monayi, S/o. Muthu, 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 order stands confirmed by the Government, vide order dated 04.10.2025, 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 29.04.2025, a proposal was submitted by the District Police Chief, Malappuram, seeking initiation of proceedings against the detenu under the KAA(P) Act before the jurisdictional authority, the 2nd respondent. However, the proposal was returned on the ground that there was no possibility of the detenu, who was then in judicial custody, obtaining bail. Subsequently, the detenu approached the S
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