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Judgment
5 paragraphs · 229 wordsA. Muhamed Mustaque, J
The petitioner is the father of the detenu, namely, Raj Sagar, aged 30 years. The detenu has been detained invoking the provisions under the Kerala Anti-Social Activities (Prevnetion) Act, 2007. The detention authority passed the detention order by relying on the four crimes. It is stated at the Bar that out of four crimes, two crimes have been settled with the defacto complainant. The last prejudicial activity was on 21.09.2023. The detention order was passed only on 23.02.2024.
We perused the impugned order. We find that the live-link between the last prejudicial activity and the date of detention order has been snapped. The delay is about more than five months and the same has not been properly explained. It is imperative on the sponsoring authority to initiate prompt action immediately after the last prejudicial activity. The sponsoring authority submitted its report only on 24.12.2023. It is to be noted that he was arrested in respect of the last crime on 21.09.2023 itself.
In the light of the fact that there is a considerable delay in initiating the detention proceedings, we find that the impugned order has to be set aside. Accordingly, the same set aside. The detenu is ordered to be released forthwith, if his custody is not otherwise required in any case under law.
This W.P.Crl. is disposed of as above.