SHANID K. T. Vs. STATE OF KERALA

JUDGEMENT

(1.) Ext.P1 show cause notice and Ext.P2 externment order issued under Sec. 15(1) and 15(1)(a) respectively of the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA) are under challenge in the present writ petition. By way of Ext.P2 externment order issued by the third respondent, the petitioner has been restrained from entering the territorial limits of Kozhikode City police limits for a period of one year. Ext.P2 order has been modified as per Ext.P4 order of the Advisory Board under Sec. 15(2) of KAAPA by which the period of externment has been reduced from one year to eight months.

(2.) Heard Sri.Renjith B.Marar, the learned counsel for the writ petitioner and Sri.K.A.Anas, the learned Public Prosecutor for the respondents.

(3.) The challenge mounted against Exts.P1 and P2 are two-fold, namely, (i) non-application of mind by the third respondent, namely, the detaining authority in passing the order and (ii) the long delay or gap between the last prejudicial activity and Ext.P2 externment order. In support of the grounds of challenge, reference is made to the dictums in Sreeja Jayaprakash v. District Collector/District Magistrate, 2019 KHC 2814; Shyam Kumar @ Unni v. State of Kerala, 2020 KHC 599 and Jasid A.S. v. State of Kerala, 2022(7) KHC 453.