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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
SAJILA C.K – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenge to detention order. (Para 1 , 2 , 3) |
| 2. arguments related to detenu's custody. (Para 5 , 6) |
| 3. legal basis for detention despite custody. (Para 7 , 8 , 9) |
| 4. conditions justifying the detention order. (Para 10 , 11 , 12) |
| 5. addressing procedural arguments. (Para 13 , 14 , 15 , 16) |
Jobin Sebastian, J.
The petitioner herein is the wife of one Ashique ('detenu' for the sake of brevity) and her challenge in this Writ Petition is directed against Ext.P1 order of detention dated 05.12.2025 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 13.02.2026, 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 29.10.2025, a proposal was submitted by the District Police Chief, Malappuram, 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 goonda' as defined unde
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