IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
SURABHI ABILASH – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. grounds and implications of the detention order based on recurrent criminal activity. (Para 1 , 2) |
| 2. arguments presented regarding the delay in the detention order issuance. (Para 4 , 5) |
| 3. judicial scrutiny of the timing and justification for the detention order. (Para 6 , 7 , 8 , 9) |
| 4. final ruling to set aside the detention order. (Para 10) |
Jobin Sebastian, J.
The petitioner is the wife of one Gasal ('detenu' for the sake of brevity), and her challenge in this Writ Petition is directed against Ext.P1 order of detention dated 11.09.2025 passed by the 2nd respondent under Section 3 (1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (‘KAA(P) Act’ for brevity). After considering the opinion of the Advisory Board, the said order stands confirmed by the Government, vide order dated 24.11.2025, 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 it was after considering the recurrent involvement of the detenu in criminal activities that a proposal was submitted by the District Police Chief, Thrissur City, on 11.08.2025, seeking initiation of proceedings against the dete
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