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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
SULAIKHA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. background and facts of detention order under kaa(p) act. (Para 2 , 6) |
| 2. arguments on triple test for custody detention. (Para 3 , 4 , 5) |
| 3. legal principles from precedents on custody detention. (Para 7 , 8 , 9) |
| 4. failure to apply triple test vitiates detention order. (Para 10) |
| 5. writ allowed; detention set aside. (Para 11) |
This writ petition is directed against an order of detention dated 05.12.2025, passed against one Shanif (herein after referred to as ‘detenu), underSection 3(1) of theKerala Anti-Social Activities (Prevention) Act, 2007[KAA(P) Act for the sake of brevity]. The petitioner herein is the mother of the detenu. The said order stands confirmed by the Government, vide order dated 11.02.2026, and the detenu has been ordered to be detained for a period of six months with effect from the date of detention.
2. The records reveal that it was after considering the involvement of the detenu in anti-social activities that a proposal was submitted by the District Police Chief, Palakkad, on 14.11.2025, seeking initiation of proceedings against the detenu under Section 3 (1) of the KAA(P) Act before the jurisdictional authority, the 3rd respondent. Altogether, f
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