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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
ABDU – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of the detention order and complainant's relation. (Para 1 , 2) |
| 2. arguments presented by both sides regarding the detention's validity. (Para 4 , 5) |
| 3. court's observations on the implications of delay in detention orders. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. final ruling regarding the detention order. (Para 12) |
Jobin Sebastian, J.
This writ petition is directed against an order of detention dated
04.12.2025, passed against one Afsal (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 father of the detenu.
2. The records reveal that, on 31.10.2025, 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, three 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 No.428/2025 of Pandikkad Police S
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