Sheeja vs State Of Kerala

A.Muhamed Mustaque, J

The petitioner is the mother of the detenu namely Sri.Nijith P. The detenu is detained under the Kerala Anti-Social Activities (Prevention) Act, 2007 (for short, 'KAAPA'). While passing the detention order, the following crimes were considered:

(1) Crime No.859/2023 of the Vadakkekad Police Station, Thrissur City.

(2) Crime No.232/2023 of the Chavakkad Police Station, Thrissur City.

(3) Crime No.602/2022 of the Guruvayoor Police Station, Thrissur City.

(4) Crime No.601/2022 of the Guruvayoor Police Station, Thrissur City.

(5) Crime No.1158/2021 of the Guruvayoor Police Station, Thrissur City.

We see that three crimes, out of five crimes, were registered by the Guruvayur Police Station and one by Chavakkad Police and other by Vadakkekkad Police Station. His last prejudicial activity was on 27.08.2023. However the sponsoring authority submitted the report only on 18.11.2023. Absolutely there is no justification for the delay in submitting the report. It is to be noted that in the last crime the detenu was released on bail on 27.11.2023. The judicial custody of such detenu cannot be an excuse in not submitting the report promptly. It is for the detention authority to consider after taking note of the judicial custody whether a detention order has to be passed or not. The detention order in this case is ultimately passed on 04.01.2024. It seems that, in between, a subsequent report was also obtained from the sponsoring authority. We find the live link in this case is snapped between the last prejudicial activity and the date of detention order. The sponsoring authority is not prompt enough in submitting the report immediately after the last prejudicial activity. We cannot hold that there is a live link subsist to pass a detention order.

Accordingly, the detention order is set aside. The detenu is ordered to be released forthwith provided that if his detention is not otherwise required under law.