Preventive Detention – Kerala Anti-Social Activities (Prevention) Act, 2007 – Legibility of Documents – Effective Representation – Delay in Consideration of Representation.
2025 KER 48477
High Court of Kerala at Ernakulam
W.P. (Crl.) No. 440/2025, Decided on: July 4, 2025
Coram:
Hon’ble Mr. Justice Raja Vijayaraghavan V
Hon’ble Mr. Justice K. V. Jayakumar
Held:
The writ petition challenging the detention order under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007, was allowed. The court found that the detaining authority’s failure to provide legible copies of relevant documents, as mandated under Section 7(2) of the Act, prejudiced the detenu’s right to make an effective representation, violating Article 22(5) of the Constitution. Additionally, the delay in meaningfully considering the detenu’s representations (Exhibits P3 and P4) rendered the detention order invalid. The court held that procedural safeguards in preventive detention must be strictly complied with, and non-compliance vitiates the detention order. The detention order (Ext. P1) was set aside, and the detenu was ordered to be released forthwith, subject to no other legal impediments.
Key Issues:
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Whether the supply of illegible documents to the detenu violated the procedural safeguards under Section 7(2) of the KAA(P) Act.
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Whether the delay in considering the detenu’s representations rendered the detention order invalid.
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Whether the delay between the last prejudicial activity and the issuance/execution of the detention order was reasonable.
Cases Cited:
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Pramod Singla v. Union of India (2023 NSC 344)
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T.A. Abdul Rahman v. State of Kerala (1989) 4 SCC 741
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State of Manipur v. Buyamayum Abdul Hanan @ Anand (2022 NSC 1115)
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Ayya v. State of U.P. (1989) 1 SCC 374
Result: Writ Petition allowed; Detention order set aside; Detenu ordered to be released.
