Unexplained Delay and Non-Supply of Vital Documents Render Detention Order Unsustainable
In a significant ruling, the Kerala High Court has set aside a preventive detention order against Manu Mohan, aged 27, under the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAA(P)A). The Court, comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M., found the detention order legally unsustainable due to an unexplained delay in its issuance and the failure to supply crucial relied-upon documents.
The detention order, dated January 8, 2026, was challenged by Ambika Mohanan, the mother of the detenu, who argued that the order was based on private disputes that did not disrupt public order. However, the Court found that the repeated criminal activities attributed to the detenu, such as theft and housebreaking, created a sense of insecurity among the public, thus falling within the ambit of "public order."
The Court noted a 61-day delay from the last prejudicial activity on October 30, 2025, to the issuance of the detention order, which was not satisfactorily explained by the authorities. This delay snapped the live and proximate nexus required for preventive detention, casting doubt on the genuineness of the subjective satisfaction of the Detaining Authority.
Moreover, the Court highlighted the non-supply of CCTV footage, a vital document relied upon by the Detaining Authority, which deprived the detenu of the opportunity to make an effective representation. Citing the constitutional safeguard under Article 22(5) of the Constitution of India, the Court emphasized the necessity of supplying such documents to the detenu.
In its judgment, the Kerala High Court ordered the release of Manu Mohan from the Central Prison, Kannur, unless he was required for any other case. The Court's decision underscores the importance of adhering to procedural safeguards and constitutional rights in preventive detention cases.
Bottom line:-
Preventive detention under Kerala Anti-Social Activities (Prevention) Act, 2007 (KAA(P)A) - Delay in passing detention order and non-supply of vital relied-upon documents such as CCTV footage render the detention order legally unsustainable.
Statutory provision(s):
Kerala Anti-Social Activities (Prevention) Act, 2007, Sections 2(a), 2(t), 3(1); Constitution of India, Article 22(5).
Ambika Mohanan v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2947333
