IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, CJ, JOBIN SEBASTIAN, J
SAMEERA P – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. discussion on legality of detention under kaa(p) act. (Para 2) |
| 2. arguments regarding the legality of the detention order. (Para 5 , 6) |
| 3. court's observations on procedural legality of detention order. (Para 7 , 8 , 10 , 11 , 12 , 13) |
Jobin Sebastian, J.
This writ petition is directed against an order of detention dated 12.11.2025 passed against one Rabeeh P., the detenu, underSection 3(1) of theKerala Anti-Social Activities (Prevention) Act, 2007(‘KAA(P) Act’ for brevity). The petitioner herein is the mother of the detenu. The detention order was confirmed by the Government vide order dated 19.01.2026, 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, after considering the recurrent involvement of the detenu in criminal activities, on 07.10.2025, a proposal was submitted by the District Police Chief, Kannur City, 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 rowdy’ as defined under Section 2 (
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