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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Dr. A.K.Jayasankaran Nambiar, Jobin Sebastian, JJ
Jaseera – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. detention order issued under kaa(p) act. (Para 1 , 2) |
| 2. arguments presented regarding the validity of detention. (Para 4 , 5) |
| 3. delay undermines the validity of the detention order. (Para 7 , 9 , 10) |
| 4. conclusion on delay and its impact on the order's validity. (Para 11) |
| 5. final ruling on the writ petition. (Para 12) |
Jobin Sebastian, J.
This writ petition is directed against an order of detention dated
26.08.2025, passed against one Shamnad Amiyan @ Kankan Bava @ Karim Bava (herein after referred to as ‘detenu), under Section 3 (1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (‘KAAP Act’ for brevity). The petitioner herein is the wife of the detenu.
2. The records reveal that, on 24.07.2025, a proposal was submitted by the District Police Chief, Malappuram, seeking initiation of proceedings against the detenu under Section 3 (1) of the KAA(P) Act before the jurisdictional authority, the 3rd respondent. Altogether, seven cases in which the detenu got involved have been considered by the jurisdictional authority for passing the detention order. Out of the said cases considered, the case registered with respect to the last prejudicial activity is crime
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