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Judgment
15 paragraphs · 328 wordsA.Muhamed Mustaque, J.
This writ petition (criminal) was filed challenging an order of detention. Petitioner is the mother of the detenue who has been detained pursuant to an order passed under the Kerala Anti-Social Activities (Prevention) Act, 2007 [hereinafter referred to as the “KAA(P)A”]. The learned counsel for the petitioner referred to Section 3(3) of KAA(P)A and submitted that there was delay in forwarding the order of detention to the Government forthwith, after passing the detention order.
We perused the file. Detention order was passed on 6/9/2022. We see that the order has been executed on the same day. The petitioner further argued that there was a delay in considering the order by the Government for its approval. We see that the Government had approved it on 22/9/2022. The proposal was received by the Govt on 12/9/2022. We find that approval was also within time. The detenue is involved in a large number of cases. The number of cases and the nature of offences clearly justify the detention order. The argument that there was delay in passing the detention order after the last prejudicial activity is also legally unsustainable. It is appropriate to refer chronology of events which are as follows:
Date of last prejudicial activity :11.04.2022
Detenue was arrested on :12.04.2022
He was released on bail :23.07.2022
SHO viyur police station gave report on :18.08.2022
Sponsoring authority gave report on :27.08.2022
Order of detention passed by District Magistrate :06.09.2022
Submission of proposal to Government :12.09.2022
Detention order approved by Government :22.09.2022
Date of reference by govt to advisory board :24.09.2022
Date of report of advisory board :27.10.2022
Date of confirmation of order of detention :07.11.2022
The above events clearly indicate that there was no snapping of livelink between the last prejudicial activity and the detention order. We find no merit in this writ petition. The writ petition (criminal) fails and is accordingly, dismissed.