SOFI S. Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Writ Petition challenging Ext.P1 order of detention issued under the Kerala Anti-Social Activities (Prevention) Act, 2007 ('KAA(P)A' for short), the petitioner is the wife of detenu's brother. As many as five crimes were considered by the Detaining Authority to issue Ext.P1, finding that the detenu is a 'Known Rowdy' and that preventive detention is quite necessary to curb his criminal propensity. By Ext.P2 order of confirmation, the Government directed continuance of detention for a period of six months.

(2.) Heard Sri.M.H.Hanis, learned counsel for the petitioner and Sri.K.A.Anas, learned Government Pleader, on behalf of the respondents.

(3.) Though Ext.P1 detention order was assailed on several grounds, we are of the opinion that the instant writ petition can be disposed of on one single ground, which we will consider in detail here below: Learned counsel for the petitioner contended that there is inordinate and unexplained delay between the last prejudicial activity and Ext.P1 detention order, which snaps the live link between the last crime and the purpose of detention. It was pointed out that the last crime reckoned was Crime no.1445/2022 of Eravipuram Police Station, the date of occurrence of which was 17/12/2022. Whereas, the detention order is dtd. 19/4/2023, that is to say, after the expiry of 123 days.