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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
JISHANA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. detention under kaa(p) act. (Para 1 , 2 , 3) |
| 2. arguments on legality of detention order. (Para 5 , 6) |
| 3. legal standards for detention order. (Para 8 , 9 , 17) |
| 4. criteria for applying the triple test. (Para 10 , 11 , 12 , 13 , 14) |
| 5. court's decision on the validity of detention order. (Para 15 , 16) |
J U D G M E N T Jobin Sebastian, J.
This writ petition is directed against an order of detention dated
02.12.2025 passed against one Shahin (herein after referred to as 'detenu'), under Section 3 (1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 [KAA(P) Act for the sake of brevity]. The petitioner herein is the wife of the detenu.
2. The records reveal that a proposal was submitted by the District Police Chief, Palakkad, the 3rd respondent, on 23.10.2025, seeking initiation of proceedings against the detenu under Section 3 (1) of the KAA(P) Act before the jurisdictional authority, the 2nd respondent. Altogether, six cases in which the detenu got involved have been considered by the jurisdictional authority for passing the order of detention.
3. Out of the said cases, the case registered with respect to the last prejudicial activity is Crime No.925/2025 of
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