MATHEWS A. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in this writ petition questions an order of externment issued invoking Sec. 15(1) of the Kerla Anti-Social Activities Prevention Act, 2007 (for short, 'the KAA(P)A'.

(2.) The main argument raised by the learned counsel for the petitioner is that the order was passed after much delay reckoning from the date of last prejudicial activity. According to him, such externment order was passed after lapse of four months. The original authority passed the order of externment for a period of six months, which was reduced to four months by the Advisory Board under the KAA(P)A. In the order passed by the Advisory Board itself this aspect regarding the delay was adverted to. It is seen from the order that notice was issued on 2/8/2023. According to the petitioner, the last prejudicial activity was on 17/4/2023 and a show cause notice was issued only on 2/8/2023.

(3.) Learned Government Pleader points out that the petitioner was arrested on 6/5/2023 and released on bail on 12/5/2023. The Station House Officer filed a report only on 25/7/2023.