ALIYARKUNJU Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) Kapil @ Kapil Shaji, the son of the petitioner, was detained under Section 3 of the Kerala Anti-Social Activities (Prevention) Act (hereinafter referred to as "the KAAPA"), in execution of Exhibit P1 order of detention dated 18.11.2014. The son of the petitioner was arrested on 28.11.2014. In the order of detention, it is stated that the detenue was involved in four criminal cases, namely, Crime Nos.45 of 2010 and 540 of 2010 of Alappuzha North Police Station and also Crime Nos.96 of 2013 and 814 of 2014 of Alappuzha South Police Station. The first of the two cases were registered for the offences under the Narcotic Drugs and Psychotropic Substances Act while the other two cases were registered for the offences under the Indian Penal Code and Juvenile Justice (Care and Protection of Children) Act. The order of detention is under challenge in this Writ Petition.

(2.) The learned counsel for the petitioner submitted that the last prejudicial activity in which the detenu was allegedly involved was on 16.6.2014 while the order of detention was dated 18.11.2014. There is inordinate and unexplained delay in passing the order of detention and therefore, the live link between the prejudicial activity and the purpose for which the detention is invoked has been snapped.

(3.) The last prejudicial activity mentioned in Exhibit P1 is with respect to Crime No.814 of 2014. It was alleged that the offence was committed on 16.6.2014. After completing the investigation, final report was filed in that case on 20.9.2014.