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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
ABDUL LATHEEF – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of the detention order specifics. (Para 1 , 2 , 3) |
| 2. court's reasoning on preventive detention validity. (Para 4 , 7 , 8 , 12) |
| 3. analysis of arguments regarding detention and legality. (Para 5 , 6 , 13 , 14 , 15) |
| 4. clarification of the legal standards applicable. (Para 9) |
| 5. conclusion on the dismissal of the writ petition. (Para 10 , 16) |
J U D G M E N T
Jobin Sebastian, J.
This writ petition is directed against an order of detention dated 31.10.2025, passed against one Shihab, 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 brother of the detenu.
2. The records reveal that, on 28.08.2025, after considering the recurrent involvement of the detenu in criminal activities, that a proposal was submitted by the District Police Chief, Malappuram, 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 goonda’ as defined under Section 2 (o)(ii) of the KAA(P) Act.
3. Altogether, th
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