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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Dr. A.K. Jayasankaran Nambiar, Mr. Jobin Sebastian, JJ
Nandhini @ Nalini – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. detention order issued against individual in judicial custody. (Para 1 , 2 , 3) |
| 2. arguments challenging the validity of detention. (Para 5 , 6) |
| 3. court's observation on legality of detention procedures. (Para 8 , 10 , 12 , 13 , 18) |
| 4. conditions under which preventive detention is valid. (Para 9 , 14 , 15) |
| 5. outcome of writ petition. (Para 19) |
JUDGMENT
Jobin Sebastian, J.
The petitioner herein is the wife of one Anish @ Mamas ('detenu' for the sake of brevity) and her challenge in this Writ Petition is directed against Ext.P1 order of detention dated 22.09.2025 passed by the 2nd respondent under Section 3 (1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (‘KAA(P) Act’ for brevity). The said order stands confirmed by the Government, vide order dated 29.11.2025, 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 26.08.2025, a proposal was submitted by the District Police Chief, Alappuzha, seeking initiation of proceedings against the detenu under the KAA(P) Act before the jurisdictional authority, the 2nd respondent. For the purpose of initiation of the said proceedings, th
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