KAAPA | Kerala High Court: Preventive Detention Order Violates Due to Unreasonable Delay by Detaining Authority in Seeking “Additional Particulars”

Case Title: Ambika B. v. State of Kerala & Ors.

Bench : P.B.SURESH KUMAR, JUDGE 

C.S.SUDHA, JUDGE.

Date : 3RD DAY OF July, 2023.

Facts:

1. The petitioner filed a writ petition seeking a writ of habeas corpus to produce her son, Ajeesh, who was detained under the Kerala Anti-social Activities (Prevention) Act, 2007.
2. The detention order (Ext.P1) stated that Ajeesh, a known rowdy, needed to be detained to prevent him from committing further anti-social activities.
3. Ext.P1 order mentioned Ajeesh’s involvement in Crime No.360 of 2022 and stated that he was released on bail on 24.08.2022.
4. The sponsoring authority recommended Ajeesh’s detention under the Act on 22.09.2022, and after obtaining additional particulars, the detention order was issued on 07.01.2023. The detention was confirmed by the government on 02.03.2023 for a period of six months from the date of detention.
5. The petitioner raised several grounds to challenge the detention order, including unreasonable delay, non-compliance of procedural requirements, and failure to consider the detenu’s representations.

Judgement:

1. The court examined the arguments and perused the files presented by the parties.
2. The court found that a copy of the detention order and supporting documents were forwarded to the State Government and the State Police Chief on the date of the order itself, refuting the petitioner’s claim of non-compliance with reporting requirements.
3. The court observed that the detenu had submitted representations to the government and the Advisory Board, and there was no mention of illegible documents hindering his right to effective representation.
4. The court further noted that the representations submitted by the detenu were considered by the government and the Advisory Board before confirming the detention order.
5. Regarding the delay in issuing the detention order, the court acknowledged the need for a live and proximate link between the detenu’s prejudicial activities and the purpose of detention.
6. The court found that the delay from the date of Ajeesh’s release on bail until the recommendation for detention (24.08.2022 to 22.09.2022) was reasonable.
7.  However, the court held that the delay from 24.08.2022 to 07.01.2023, during which additional particulars were sought, was unreasonable and raised doubts about the genuineness of the subjective satisfaction of the detaining authority.
8. The court quashed the detention order and directed Ajeesh’s immediate release from the Central Prison, Viyur, unless his detention was required for other reasons. Overall, the court allowed the writ petition and set aside the detention order.

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WRITTEN BY – ANVITHA RAO