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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
BADUSHA N.N. – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. writ petition against detention order under kaa(p) act. (Para 1 , 2 , 3) |
| 2. arguments presented regarding illegality of detention. (Para 4) |
| 3. government's response on legality of detaining while on bail. (Para 6 , 8 , 12) |
| 4. court's affirmation of detention order validity. (Para 9 , 14) |
| 5. court's rationale against claims of insufficient grounds for detention. (Para 10 , 11 , 13) |
J U D G M E N T
Jobin Sebastian, J.
This writ petition is directed against an order of detention dated
30.10.2025 passed against one Shihabudheen, 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 brother of the detenu. The said order of detention was confirmed by the Government vide order dated 06.01.2026, 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, it was after considering the recurrent involvement of the detenu in criminal activities, a proposal was submitted by the District Police Chief, Thrissur City, on 11.09.2025, seeking initiation of proceedings against the detenu under Section 3 (1) of the KAA(P) Act
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