Sajna M vs State Of Kerala

A.Muhamed Mustaque, J

This writ petition is at the instance of the petitioner, who is the mother of 23 year old detenu. The last prejudicial activity was committed by the detenu on 17.03.2023. The detention order was passed on 08.08.2023. Report was submitted by the sponsoring authority on 23.06.2023. The delay has not been properly explained except stating that from 17.03.2023 onwards, he was in judicial custody and he was granted bail on 22.05.2023.

The judicial custody of the detenu was not an excuse for initiating proceedings under the Kerala Anti-Social Activities (Prevention) Act, 2007 [KAA(P)A] as there is no embargo under law for initiating proceedings under the KAA(P)A even when the detenue was in custody.

It is apparent that proceedings have been initiated after the detenu was released on bail on 22.05.2023. The sponsoring authority had to be careful in initiating proceedings. It cannot be initiated in such a way to overcome the bail granted by the competent court. The purpose of detention order is to prevent the detenu from commission of offence. Therefore, immediate action need to be initiated by the sponsoring authority under the KAA(P)A.

No doubt, detention authority can apply its mind as to the requirement of detention order taking note of the judicial custody of the detenu. But in regard to the sponsoring authority, they will have to initiate the proceedings immediately.

In view of the fact that more than three months lapsed for submitting report, we are of the view that the live link between the last prejudicial activity and the detention order has been snapped or broken. Accordingly, the impugned order is set aside.

We direct the concerned prison authorities to release the detenu forthwith, if his detention is not otherwise required.

The writ petition (Crl) is disposed of as above.