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2026 Supreme(Ker) 495

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN
Sarath S/O Satheesh – Appellant
Versus
State Of Kerala Represented By Its Secretary To The Home Department (Ssa) – Respondent


Advocates Appeared:
For the Appellant : SHRI.SHIBIN K.F. SRI.SHOBY K.FRANCIS
For the Respondent: SRI.K.A.ANAS, PUBLIC PROSECUTOR

Table of Content
1. detention order under kaa(p) act. (Para 1 , 2)
2. arguments regarding detention order. (Para 5 , 6)
3. judicial scrutiny over delays in detention. (Para 7 , 10 , 11)
4. final ruling on the detention order. (Para 12)

JUDGMENT :

Jobin Sebastian, J.

1. This is a writ petition filed under Article 226 of the Constitution of India, challenging Ext.P1 detention order dated 07.10.2025 passed against the petitioner/detenu under Section 3(1) of the Kerala Anti- Social Activities (Prevention) Act, 2007 [KAA(P) Act for the sake of brevity]. The said order stands confirmed by the Government, vide order dated 10.12.2025, 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 21.08.2025, a proposal was submitted by the District Police Chief, Thirssur City, 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, the detenu was classified as a 'known rowdy' as defined under Section 2(p)(iii) of the KAA(P) Act. Altogether, five cases in which the detenu got involved have

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