KERALA ANTI-SOCIAL ACTIVITIES (PREVENTION) ACT 2007
PREAMBLE
An Act specifically to provide for the effective prevention and control of certain kind of anti-social activities is the State of Kerala.
WHEREAS, it is expedient specifically to provide for the effective prevention and control of certain kind of anti-social activities in
(1) This Act may be called the Kerala Anti-Social Activities (Prevention) Act, 2007.
(2) It shall be deemed to have come into force on the 13th day of December, 2006.
In this Act, unless the context otherwise requires,--
(a) ''anti-social activity'' means acting in such manner as to cause or is likely to cause, directly or indirectly, any feeling of insecurity, danger or fear among the general public or any section thereof, or any danger to the safety of individuals, safety of public, public health or the ecological system or any loss
(1) The Government or an officer authorised under sub-section (2), may, if satisfied on information received from a Police Officer not below the rank of a Superintendent of Police with regard to the activities of any Known Goonda or Known Rowdy, that, with a view to prevent such person from committing any anti-social activity within the State of Kerala in any manner, it is necessary so to do, make an order directing that such person be detained.
(2) If having regard to the circumstances prevailing, or likely to prevail in any area, the Government,
Section 3 of the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA) empowers authorities to detain individuals involved in anti-social activities to prevent threats to public order and safety. It forms the backbone of preventive detention under the Act, outlining the process, essential ingredients, and procedural safeguards for detention.
Section 3 authorizes the detention of persons engaged in anti-social activities. It specifies the procedure for issuing detention orders, the role of sponsoring authorities, the advisory board, and the period for which detention can be authorized. The section emphasizes the need for subjective satisfaction based on credible material and procedural compliance, including the requirement of approval within a stipulated period.
While Section 3 itself does not prescribe punishment, violations such as illegal detention, non-application of mind, or procedural lapses can lead to the detention being quashed by courts, and the detainee being ordered to be released [Mohanan VS State of Kerala], [Rosamma Mathai, W/o. Mathai vs State of Kerala, Represented By The Additional Chief Secretary To Government, Home And Vigilance Department, Government Secretariat, Thiruvananthapuram].
Note: This commentary synthesizes the legal principles, judicial interpretations, and procedural safeguards from the provided sources, emphasizing the importance of due process, credible material, timely action, and independent exercise of judgment in preventive detention under Section 3 of the KAAPA.
A detention order may be executed at any place in the State of Kerala in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
Every person in respect of whom a detention order has been made shall be detained in Central Prisons or District Jails within the State of Kerala and a copy of the detention order bearing the signature and seal of the detaining authority shall be given to the Superintendent of the Jail concerned while admitting such person into the Jail.
(1) If the Government or an officer authorised mentioned in sub-section (2) of section 3 has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, the Government or such officer may,-
a) make a report in writing of the fact to a Chief Judicial Magistrate or a Judicial Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides;
(1) When a person is arrested in pursuance of a detention order, the officer arresting him shall read out the detention order to him and give him a copy of such order.
(2) The grounds of detention, specifying the instances of offences, with copies of relevant documents, as far as practicable, on the basis of which he is considered as a "known goonda" or "known rowdy" and giving such materials relating to his activities on the basis of which his detention has been found necessary, shall be furnished to him as soon as possible nevertheless, in any c
(1) The Government shall, constitute one or such number of Advisory Boards as may be necessary for the purposes of this Act, with such territorial or functional jurisdiction, as may be specified.
(2) Every such Board shall consist of a Chairman who is, or had been Judge of a High Court and two members who are qualified under the Constitution of India to be appointed as a Judge of a High Court.
(3) The salary, allowances, tenure and service conditions of the Chairman and members of
In every case where a detention order has been made under this Act, the Government shall, within three weeks from the date of detention of a person, place before the Advisory Board, the grounds on which the order has been made and the representation, if any, made by the person affected, and, in the case where the order has been made by an authorised officer, the report by such officer under sub-section (3) of section 3.
(1) The Advisory Board to which a reference is made under the above section shall after considering the reference and the materials placed before it and after calling for such further information as it may deem necessary from the Government or from any person called for the purpose through the Government, or from the person concerned and if, in any particular case, it considers necessary so to do or if the person concerned desires to be heard in person, after hearing him in person,
Section 10 of the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA) delineates the procedural framework for the confirmation, revocation, and further action regarding detention orders issued under the Act. It emphasizes the role of the Advisory Board, the government’s authority to confirm or revoke detention, and the maximum period of detention permissible under the law.
Section 10 prescribes:- The procedure for the Advisory Board to review detention cases (subsection 1).- The authority of the government to confirm or revoke detention orders based on the Advisory Board’s opinion (subsection 4).- The maximum duration of detention, which is up to six months initially and up to one year for subsequent orders (Section 12, incorporated by reference).- The confidentiality of the Advisory Board’s report, except the opinion part (Section 10(3)).- The government’s discretion to confirm or revoke detention based on the Advisory Board’s opinion, with specific timelines for confirmation (Section 10(4)).
No detention order shall be invalid or inoperative merely by reason:--
(a) that the persons to be detained thereunder, though within the State, is outside the limits of the territorial jurisdiction of the officer making the order; or
(b) that the place of detention of such person, though within the State, is outside the said limits.
The maximum period for which any person may be detained in pursuance of any detention order made under this Act, which has been confirmed under section 10, shall not exceed six months from the date of detention.
(1) A detention order may, at any time, be revoked or modified by the Government.
(2) The revocation or expiry of a detention order shall not be a bar for the issuance of another detention order under section 3 against the same person, if he continues to be a person falling within the definition of known rowdy or known goonda as given in section 2 (o) or section 2 (p) an
The Government may, at any time, direct that any person detained in pursuance of a detention order may be released for a period not exceeding one week either without any condition or under such conditions as may be specified in the direction, and may at any time, cancel such direction issued earlier.
(1) The District Magistrate or a police officer of and above the rank of Deputy Inspector General having jurisdiction, if satisfied on information received in respect of a known goonda or known rowdy, after having given him an opportunity to be heard by notice served on him or pasted at his ordinary place of residence, if any in Kerala, that he is indulging in or about to indulge in or likely to indulge in anti-social activities and with a view to prevent him from so acting at any place within the jurisdiction of such magistrate or officer, may make an order,--
Whoever, knows or has reason to believe that an order against any person has been made under section 3 or section 15, harbours or conceals such person, shall be punished with imprisonment for a term which shall not be less than three months but may extend to one year, and shall also be liable to fine which may extend to one thousand rupees.
(1) The Government or the authorised officer may, by general or special order, empower any police officer to search any place, stop and search any vessel, vehicle or animal, and may seize anything which he has reason to believe, has been, is being, or is about to be, used for committing any anti-social activity.
(2) Any officer empowered under sub-section (1) shall forthwith report to the Government or the authorised officer in detail any seizure made by him and till the receipt of their orders, may detain in custody anything so seized or take su
(1) No suit, prosecution or other legal proceeding shall lie against any officer, authorised or not for anything done or intended to be done in good faith under this Act.
(2) No suit or other legal proceeding shall lie against the Government for any damage caused or deemed to have been caused by any action taken or intended to be taken in good faith in pursuance of any order made or deemed to be made under this Act.
(3) No public serva
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), all offences and wilful violations of lawful orders made under this Act shall be cognizable and non-bailable.
All orders issued by the Government under this Act shall be under the seal and signature of the Secretary, Home Department.
(1) The Government may make rules, not inconsistent with this Act, for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effe
(1) The Kerala Anti-Social Activities (Prevention) Ordinance, 2007 (44 of 2007), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.
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