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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
BASHEER N.K – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenge to detention order under anti-social law. (Para 1 , 2) |
| 2. arguments regarding the proposed detention's delay. (Para 4 , 6) |
| 3. court's observations on delay impacting detention validity. (Para 8 , 9) |
| 4. final verdict to set aside the detention order. (Para 10) |
Jobin Sebastian, J.
This writ petition is directed against an order of detention dated
12.04.2024 passed against one Abdul Kareem, 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 friend of the detenu. The said detention order stands confirmed by the Government, vide order dated 07.12.2025, 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 15.03.2024, after considering the recurrent involvement of the detenu in criminal activities, a proposal was submitted by the District Police Chief, Malappuram, seeking initiation of proceedings against the detenu underSection 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 cl
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