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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
SUHARA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. detention under kaa(p) justified despite prior bail. (Para 1 , 5 , 6) |
| 2. consideration of past criminal activity in detention order. (Para 2 , 9) |
| 3. judicial authorities apply standards for preventive measure. (Para 3 , 7 , 8 , 10) |
| 4. legal criteria for preventive detention established. (Para 4 , 11) |
Jobin Sebastian, J.
This writ petition is directed against an order of detention dated
05.12.2025, passed against one Sadiq, 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 mother of the detenu. The detention order was confirmed by the Government vide order dated 10.02.2026, 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 on 23.10.2025, a proposal was submitted by the District Police Chief, Palakkad, seeking initiation of proceedings against the detenu under the KAA(P) Act before the jurisdictional authority, the 3rd respondent. For the purpose of initiating the said proceedings, the detenu was classified as a "known goonda" as defined under Section 2 (o)(ii) of the KAA(P) Act.
3. Altogethe
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