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Judgment
4 paragraphs · 211 wordsA. Muhamed Mustaque, J.
This detention order is questioned by the detenu. The detenu is involved in six crimes. The last crime was on 15.03.2023. The detenu was in judicial custody from 15.03.2023 and he was released on bail on 17.05.2023. The detention order was passed only on 31.08.2023. The sponsoring authority (Police Chief, Malappuram) submitted the report on 10.07.2023.
It is to be noted that if the sponsoring authority is of the view that on evaluating the last prejudicial activity, the activity of the detenu is a threat to the public order, the authority ought to have initiated proceedings immediately after the commission of the last offence. No steps were taken to initiate the proceedings under the Kerala Anti-Social Activities (Prevention) Act, 2007. On the other hand, actions were taken after bail was granted to the detenu on 17.05.2023 and that too, after two months on release. The delay in this matter is also not explained in the detention order.
Taking note of the fact that live-link is snapped from the last prejudicial activity and the order of detention, the impugned order is liable to be set aside, and accordingly set aside. The petitioner is set at liberty, provided if his detention is not otherwise required under law.