Delay and Lack of Independent Representation Review Leads to Release of Detenu under Kerala Anti-Social Activities Act
In a significant ruling, the Kerala High Court has set aside the detention order against Lamiya A.P., who was detained under the Kerala Anti-Social Activities (Prevention) Act, 2007. The court found that the State Government failed to independently and expeditiously consider the representation made by the detenu, thereby infringing upon constitutional rights guaranteed under Article 22(5) of the Indian Constitution.
The Division Bench, comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M., emphasized the constitutional obligation of the State Government to consider the detenu's representation without delay and independent of the Advisory Board's recommendations. The delay of 37 days in addressing the representation was deemed unjustifiable, leading to the court's decision to quash the detention order.
The case revolved around the detenu, classified as a 'known rowdy', who was accused of involvement in a brutal assault in December 2025. Despite procedural adherence in detaining the individual under the Kerala Anti-Social Activities Act, the court found fault with the handling of the representation process. The State Government's decision to await the Advisory Board's report, rather than independently assessing the representation, was a key point of contention.
The court referred to multiple precedents, including the Supreme Court's decisions in Pankaj Kumar Chakrabarty v. State of West Bengal and other related cases, underscoring the necessity of an independent review by the government. The judgment highlighted the dual obligation of the State to consider the representation irrespective of the Advisory Board's involvement, ensuring the detenu's right to a fair process.
The ruling mandates the immediate release of the detenu, Sri. Shiju M.P. @ Tinku, unless required for other legal proceedings. The court clarified that the decision was made purely on procedural grounds, without delving into the merits of the detention order itself.
This judgment reinforces the importance of adhering to constitutional provisions in preventive detention cases, ensuring that procedural lapses do not infringe upon individuals' fundamental rights.
Bottom line:-
Preventive detention under Kerala Anti-Social Activities (Prevention) Act, 2007 - Representation filed by the detenu must be considered independently by the State Government without waiting for the recommendation of the Advisory Board, in line with Article 22(5) of the Constitution of India. Delay in considering such representation without valid justification violates constitutional rights and renders the detention order unsustainable.
Statutory provision(s): Article 22(5) of the Constitution of India, Kerala Anti-Social Activities (Prevention) Act, 2007 Sections 3(1), 7(2), 13(2), Article 21 of the Constitution of India
Lamiya A.P. v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2946326
