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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
SHALABHA S – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. context of detention under anti-social activities legislation. (Para 1 , 2) |
| 2. arguments regarding the validity of detention based on acquittal. (Para 4 , 5 , 8) |
| 3. court's observation on the implications of acquittal. (Para 6 , 9) |
| 4. final ruling; detention order overturned. (Para 10) |
JUDGMENT
Jobin Sebastian, J.
This writ petition has been directed against an order of detention dated 28.01.2025 passed against one Sachin (herein after referred to as ‘detenu’), under Section 3 (1) of the Kerala Anti-Social Activities (Prevention) Act , 2007 (‘KAA(P) Act’ for brevity). The petitioner herein is the sister of the detenu. The detention order stands confirmed by the Government vide order dated 29.3.2025, and the detenu has been ordered to be detained for a period of one year from the date of detention.
2. The records available before us disclose that, on 26.12.2024, a proposal was submitted by the Deputy Commissioner of Police, Thiruvananthapuram 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
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