Suni vs State Of Kerala on 17 July, 2026

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    Kerala High Court

    Suni vs State Of Kerala on 17 July, 2026

    WP(CRL.) NO.781/2026               1   CNR : KLHC010354802026
    
    
    
    
                                                    2026:KER:53125
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
    
                                PRESENT
    
            THE HONOURABLE THE CHIEF JUSTICE MR. SOUMEN SEN
    
                                   &
    
              THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
    
      FRIDAY, THE 17TH DAY OF JULY 2026 / 26TH ASHADHA, 1948
    
                       WP(CRL.) NO. 781 OF 2026
    
    PETITIONER:
    
               SUNI
               AGED 50 YEARS
               W/O.JAFFAR, KUNNUTHARA VEETTIL,
               KAPPIL MEKKUMURI, KRISHNAPURAM,
               KOLLAM, PIN - 690533
    
    
               BY ADVS.
               SHRI.M.H.HANIS
               SMT.T.N.LEKSHMI SHANKAR
               SMT.NANCY MOL P.
               SMT.NEETHU.G.NADH
               SMT.RIA ELIZABETH T.J.
               SHRI.SAHAD M. HANIS
               SHRI.MUHAMMAD A. P.
    
    
    
    RESPONDENTS:
    
        1      STATE OF KERALA
               REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO
               GOVERNMENT, HOME AND VIGILANCE DEPARTMENT,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM, PIN - 695001
    
        2      THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE,
               KOLLAM DISTRICT, PIN - 691013
     WP(CRL.) NO.781/2026               2   CNR : KLHC010354802026
    
    
    
    
                                                         2026:KER:53125
    
        3       THE DISTRICT POLICE CHIEF,
                KOLLAM RURAL, KOLLAM DISTRICT, PIN - 691001
    
        4       THE CHAIRMAN,
                ADVISORY BOARD, KAAPA, SREENIVAS, PADAM ROAD,
                VIVEKANANDA NAGAR, ELAMAKKARA,
                ERNAKULAM DISTRICT, PIN - 682026
    
        5       THE SUPERINTENDENT OF JAIL,
                CENTRAL JAIL, VIYYUR,
                THRISSUR DISTRICT, PIN - 670004
    
    
                BY ADV.SRI.BIJU MEENATTOOR, SR.PUBLIC PROSECUTOR
    
    
         THIS    WRIT   PETITION   (CRIMINAL)   HAVING    BEEN   FINALLY
    HEARD ON 17.07.2026, THE COURT ON THE SAME DAY DELIVERED
    THE FOLLOWING:
     WP(CRL.) NO.781/2026                     3    CNR : KLHC010354802026
    
    
    
    
                                                                2026:KER:53125
    
                                  JUDGMENT
    

    Dated this the 17th day of July, 2026

    Syam Kumar V.M., J.

    SPONSORED

    This Writ Petition has been filed challenging the detention

    order No.DCKLM/291/2026-M-16 dated 12.02.2026 issued

    against Shan, S/o. Jaffar under Section 3(1) of the Kerala

    Anti-Social Activities (Prevention) Act, 2007 (‘KAA(P) Act’ for

    brevity). Petitioner is the mother of the detenu. The said

    detention order stands confirmed by the Government vide

    Exhibit P2 order bearing GO(Rt) No.1381/2026/HOME dated

    20.04.2026 whereby the detenu has been ordered to be

    detained for a period of 1 year from the date of detention. The

    present Writ Petition has been filed by the petitioner seeking

    issuance of a writ of Habeas Corpus directing the

    respondents to produce the detenu as well as quash the

    detention and confirmation orders produced as Exhibits P1

    and P2 respectively.

    2. After admitting the W.P. (Crl.) into file, this Court,

    by order dated 22.05.2026, directed the learned Public
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    Prosecutor to file a statement. Pursuant thereto, the learned

    Public Prosecutor filed a memo on 16.06.2026 along with the

    statement of facts. Since it was deemed necessary to have a

    closer scrutiny of the records and procedures undertaken by

    the authorities leading to Exhibits P1 and P2 orders, we had

    directed the learned Public Prosecutor to produce the relevant

    documents and the opinion of the Advisory Committee in a

    sealed envelope. Pursuant to the said direction, a sealed cover

    has been produced containing the ‘Report and Opinion dated

    08.04.2026 of the Advisory Board in R.C. No. 97/2026 which

    concerns the detenu as well as the connected details of the

    proceedings held by the Advisory Board.

    3. Pleadings in the matter thus being complete, we

    proceeded to hear the learned counsel Mr.M.H.Hanis,

    Advocate appearing for the petitioner and Mr.Biju

    Meenattoor, learned Public Prosecutor appearing for the

    respondents.

    4. The learned counsel for the petitioner submitted

    that Exhibits P1 and P2 orders are illegal, arbitrary and
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    hence liable to be quashed. It is contended that the said

    orders have been rendered in a mechanical fashion without

    applying mind to the relevant aspects as disclosed from the

    records. Non consideration of relevant materials and non

    compliance with the mandatory statutory requirements under

    the KAA(P) Act are also alleged by the learned counsel. It is

    contended that Exhibit P1 detention order does not reveal

    compliance with Section 3(3) of the KAA(P) Act whereby the

    entire records ought to have been forthwith forwarded to the

    Government and to the State Police Chief for detailed

    verification. Non supply of legible copies of the documents

    which had been relied on for rendering Exhibit P1 order is

    also pointed out by the learned counsel contending that such

    non supply of legible documents and all documents relied

    upon have substantially prejudiced the interests of the

    detenu. The delay in consideration of Exhibit P3

    representation dated 14.03.2026 preferred by the petitioner

    before the 1st respondent is termed by the learned counsel

    for the petitioner as a violation of the constitutionally
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    guaranteed rights of the detenu and protected under Article

    22 (5) of the Constitution. Reliance is placed on the dictum

    laid down in K.M.Abdulla Kunhi v. Union of India [(1991) 1

    SCC 476] and Golam Biswas v. Union of India and another

    [2015 KHC 5588].

    5. It is contended by the learned counsel for the

    petitioner that there has been a delay of 45 days in

    sponsoring of an absconding person. Further a delay of 3

    months and 10 days in passing Exhibit P1 order and the date

    of occurrence of the last prejudicial activity is also alleged.

    According to the learned counsel, since no valid or tenable

    explanation is forthcoming for the said allegedly inordinate

    delay that had been occasioned from the part of the

    authorities while rendering Exhibits P1 and P2 orders, the

    said orders are legally unsustainable. It is further argued that

    no satisfactory explanation has been offered for any of the

    aforesaid delays and that such unexplained delay has

    snapped the live and proximate link between the alleged

    prejudicial activities and the order of detention, thereby
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    vitiating the detention proceedings.

    6. The learned counsel for the petitioner further

    contends that in addition to the above delays, there has been

    a delay of 15 days in executing Exhibit P1 order and in so far

    as no proceedings under Section 6 had been initiated within

    reasonable time it reveals that there was no immediate

    necessity of detaining the detenu invoking the provisions of

    the preventive detention laws. That the fate of the

    representation preferred by the detenu before the 1st

    respondent produced as Exhibit P4 was never considered,

    had violated his constitutionally guaranteed rights is also

    contended by the learned counsel. It is thus contended that

    Exhibits P1 and P2 orders being violative of Articles 14, 21

    and 22 of the Constitution of India are fit to be quashed.

    Reliance is also placed by the learned counsel for the

    petitioner on the dictum laid down by a Division Bench of

    this Court in Sneha Vijayan v. State of Kerala : (2025 KHC

    OnLine 108).

    7. The learned counsel also contended that several
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    documents relied upon by the detaining authority, including

    First Information Statements, mahazars, witness statements

    and recovery mahazars in various predicate crimes, were

    supplied only in illegible form. It was argued that the supply

    of illegible copies effectively deprived the detenu of his

    constitutional right to make an effective representation

    against the order of detention, thereby vitiating the entire

    proceedings.

    8. According to the learned counsel, if the order of

    detention is not approved by the Government within twelve

    working days from the date of detention, or if the order of

    confirmation is not passed within three months from the date

    of detention, the detenu becomes entitled to be released in

    accordance with the constitutional mandate. It is further

    submitted that Exhibit P1 does not mention the

    constitutional time limits prescribed under Article 22(4) of the

    Constitution of India. The omission to specify these

    mandatory time limits in Exhibit P1, it was argued, renders

    the detention order legally unsustainable. In support of the
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    said contention, reliance was placed on the decision in

    Manju Nahar v. Union of India : [(1999) 4 SCC 116]. The

    learned counsel for the petitioner thus seeks to quash

    Exhibits P1 and P2 orders and to allow the W.P.(Crl) as

    prayed for.

    9. Per contra, the learned Senior Public Prosecutor

    stoutly refuted the contentions put forth by the counsel for

    the petitioner and submitted that all statutory requirements

    had been complied with while issuing Exhibits P1 and P2

    orders. It is submitted that the petitioner’s son i.e., the

    detenu is a “Known Rowdy” as defined under Section (p)(iii) of

    the KAA(P) Act. He had been involved in 12 criminal cases

    during the period from 2019 to 2025 and his activities were

    prejudicial to the maintenance of the public order and had

    endangered the safety and peaceful life of the public

    necessitating the authorities to initiate action as envisaged

    under Section 3(1) (ii) of the KAA(P) Act. The learned Public

    Prosecutor submits that 12 criminal cases in which the

    detenu had been involved included offences punishable under
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    Sections 307, 323, 324, 341, 326, 294(b), 308, 147 and

    506(ii) of the IPC read with Section 34 of the IPC as well as

    under Section 27 of the Arms Act. The said 12 cases,

    according to the learned Public prosecutor falls under the

    provisions of Clause 2(p)(iii) of the KAA(P) Act and the detenu

    comes under the ambit of Section 2(t) of the KAA(P) Act which

    in turn are anti-social activities falling under Section 2(a) of

    the Act.

    10. It is submitted by the learned Public prosecutor

    that the detenu had been subjected to three preventive

    detention orders prior to the order impugned in this W.P.

    (Crl.). Pursuant to the first detention order, the detenu was

    arrested on 10th May, 2021. The said detention order was

    subsequently revoked by the Government, following which he

    was released. Under the second detention order, the detenu

    was detained for a period of 6 months with effect from 25th

    November,2023 and he was released on completion of the

    period of detention. The third detention order was also

    revoked by the Government. The records further reveal that a
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    Rowdy History Sheet was opened against the detenu on 1 st

    January 2018 pursuant to Order No.04/GL/2018/KS of

    Ochira Police Station. Proceedings under Section 107 of the

    CrPC were also initiated against him and were pending

    consideration before the Sub Divisional Magistrate, Kollam in

    M.C. No.797/2024.

    11. It is submitted that all the earlier preventive

    measures did not deter the detenu from committing further

    crimes and it was after examining carefully the case of the

    detenu afresh with reference to the relevant records including

    the opinion of the Advisory Board that the Government had

    confirmed the detention under Section 10(4) of the KAA(P)

    Act. The contention that there was no live and proximate link

    between the last prejudicial act and the delay in issuance of

    the detention order is denied.

    12. The learned Public Prosecutor further submitted

    that the Government approved the order of detention under

    Section 3(3) of the KAA(P) Act within the prescribed time. It

    was submitted that the petitioner, Smt.Suni, thereafter
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    preferred a representation dated 14.03.2026 before the

    Government. Since the proposal had already been forwarded

    to the Advisory Board, the Government, by letter No.

    SSA1/101/2026-Home dated 17.03.2026, directed the

    detaining authority to furnish legible copies of the relevant

    documents to the detenu, if necessary, and also forwarded

    the representation to the Advisory Board on the same day. It

    was contended that, in view of the decision of the Hon’ble

    Supreme Court in Golam Biswas v. Union of India and

    Another (supra), the Government could not have considered

    the representation while the matter was pending before the

    Advisory Board. It is further submitted that the Advisory

    Board heard the detenu, his counsel, and the representatives

    of the sponsoring and detaining authorities, and submitted

    its report to the Government within the statutory period of

    nine weeks from the date of detention. As per Report No. R.C.

    No. 97/2026/KAA(P)A dated 08.04.2026, the Advisory Board

    opined that there existed sufficient cause for the detention of

    the detenu. Thereafter, the Government independently
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    considered the representation submitted on behalf of the

    detenu along with the entire records and found no merit in

    the contentions raised therein. Consequently, the

    representation was rejected and the order of detention was

    confirmed under Sections 10(4) and 12 of the Act by G.O.

    (Rt.) No. 1381/2026/Home dated 20.04.2026, directing that

    the detenu be detained for a period of one year from the date

    of detention. The order of confirmation was communicated to

    the detenu through the Superintendent of the Central Prison,

    Viyyur. The rejection of the representation was also

    communicated to the detenu by letter No. Home-

    SSA1/101/2026-Home dated 22.04.2026 without any undue

    delay.

    13. The learned Public Prosecutor further submitted

    that all the 12 criminal cases registered against the detenu

    were duly taken into consideration by the detaining authority

    while issuing the order of detention. It was contended that

    Exhibit P1 detention order sets out the grounds of detention

    in detail and specifically records the impact of the detenu’s
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    activities on the maintenance of public order. According to

    the learned Public Prosecutor, the materials placed before the

    detaining authority clearly justify the subjective satisfaction

    arrived at by it that the activities of the detenu were

    prejudicial to the maintenance of public order and warranted

    his preventive detention. It was further submitted that the

    detention of the detenu was necessary to preserve peace and

    tranquillity in the locality, as his continuous involvement in

    anti-social activities had endangered the life and safety of the

    public, created a sense of fear and insecurity among the

    residents of the locality and adjoining areas, and disturbed

    public order. It was contended that the offences attributed to

    the detenu fall within the ambit of Section 2(t)(i) and (ii) of the

    Kerala Anti-Social Activities (Prevention) Act, 2007, and

    consequently, he squarely answers the description of a

    “known rowdy” under Section 2(p)(ii) of the Act. It was,

    therefore, submitted that Exhibit P1 order of detention and

    Exhibit P2 order of approval are legal, valid and fully justified

    in law. Reliance is placed on the dictum Haradhan Saha &
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    Anr. v. State of West Bengal and others [(1975) 3 SCC

    198]; Hemlata Kantilal Shah v. State of Maharastra :

    [(1981) 4 SCC 647]; Union of India v. Dimple Happy

    Dhakad : [(2019) 20 SCC 609]. It is thus submitted by the

    learned Public Prosecutor that there is no reason to interfere

    with Exhibits P1 and P2 orders and that the W.P.(Crl.) is only

    to be dismissed.

    14. We have heard both sides in detail and have

    considered the respective contentions put forth. We have also

    perused the report of the Advisory Board along with the

    ‘Reasons for its opinion’, and the ‘Proceedings of the Advisory

    Board’ produced by the learned Public Prosecutor in a sealed

    envelope. We note that the Advisory Board had heard the

    detenu, the counsel for the detenu, the representative of the

    sponsoring authority, the District Police Chief, Kollam City,

    District Magistrate, Kollam for the detaining authority on

    19.02.2026. After an elaborate consideration of the

    contentions put forth on behalf of the detenu as well as for

    the State, the Advisory Board had provided its opinion.
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    15. The following questions arise for our

    consideration:

    (1) Whether there has been inordinate delay
    leading to the snapping of the live connection
    between the last prejudicial activity and the
    detention order?

    (2)Whether the non consideration of Ext. P3
    representation preferred by the detenu vitiates
    the detention rendering Ext. P1 and P2 legally
    unsustainable?

    (3) Whether the orders issued and proceedings
    initiated against the detenu are vitiated for the
    reason of non supply of relied on documents
    and legible copies of documents?

    16. It is based on a proposal dated 18th

    December,2025 submitted by the District Police Chief, Kollam

    City (the Sponsoring Authority), that the proceeding under

    Section 3(1) of the KAA(P)A was initiated. In its proposal, the

    District Police Chief has detailed the involvement of the

    detenu in twelve cases, all of which were pending before the

    jurisdictional court for trial. The details of the cases in which

    the petitioner got himself involved are as under:

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    Sl. Case No. & Date of Charge Sheet
    Relevant Section
    No Police Station Occurrence Filed

    143,
    1277/2019
    147,148,294(b),452,324,

    1. Karunagappally 15.08.2019 18.12.2020
    341,307,149 of IPC & Sec.

               Police Station
                                                  27 of Arms Act
    
                237/ 2020                     341,427,324,308 & 34 of
        2.     Ochira Police    24.02.2020              IPC                 30.12.2020
                 Station
    
               1923/ 2020
                                             341,294(b),323,324,308,42
        3.     Ochira Police    28.08.2020                                  10.10.2020
                                                 7,506(ii) & 34 IPC
                 Station
    
              45/2021 Ochira                 294(b), 323,324,326,308 &
        4                       07.02.2021                                  30.04.2021
               Police Station                         34 of IPC
    
                602/2021
        5.     Ochira Police    13.07.2021      341,323 & 34 of IPC         20.07.2021
                 Station
    
                 607/2021
                                             294(b), 341, 323, 506(ii) &
        6.     Ochira Police    13.07.2021                                  20.07.2021
                                                       34 IPC
                  Station
    
                266/2023
                                             294(b), 341,323,324,427 &
        7.     Kayamkulam       24.03.2023                                  29.04.2023
                                                       34 IPC
               Police Station
    
                533/2023
                                             294(b), 323,324,341,308 &
        8.     Ochira Police    22.04.2023                                  12.07.2023
                                                       34 IPC
                 Station
    
                584/2023
                                             294(b), 323,324,341,308 &
        9.     Ochira Police    22.04.2023                                  08.06.2023
                                                       34 IPC
                 Station
    
                1833/2024
                                             333,126(2),115(2),324(1),
       10.     Kayamkulam       22.11.2024                                  01.03.2025
                                                   3(5) of BNS
               Police Station
    
                114/2025                     189(2),191(2),191(3),190,
               Ochira Police                   126(2),296(b),351(2),
        11.                     17.01.2025                                  12.06.2025
                 Station                       115(2),118(1),117(2),
                                                110,309(4) of BNS
    
              1925 / 2025                    333,118(2),324(4),3(5) of
                                                                              Under
       12.    Kayamkulam        04.11.2025            BNS
                                                                           Investigation
              Police Station
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    There are altogether 12 cases against the detenu as per the

    above table and the criminal activities involved by the detenu

    involve the offences registered under BNS, IPC and Arms Act

    from the year 2019 to 2025 and the offences are serious in

    nature.

    17. The first contention put forth by the learned

    counsel is regarding delay of 3 months and 10 days that had

    occurred between the last prejudicial activity and the

    issuance of the detention order dated 12.02.2026. According

    to the learned counsel, there was delay in sponsoring the

    detenu, despite his being absconding. Further there had been

    a delay of 15 days in execution of the detention order even

    though the detenu was in custody. The learned counsel

    would term the delay as inordinate, unexplained and as long

    enough to snap the live link between the last prejudicial act

    and the issuance of detention order.

    18. The question of delay in preventive detention

    matters is no longer res integra. It is trite as has been laid

    down in a catena of high authoritative precedents that delay,
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    by itself, is not a determinative factor in matters of preventive

    detention. What is relevant is whether the delay has been

    satisfactorily explained and whether, by reason of such delay,

    the live and proximate nexus between the prejudicial

    activities of the detenu and the necessity for preventive

    detention has been snapped. [See Golam Hussain alias

    Gama v. Commissioner of Police, Calcutta [(1974) 4 SCC

    530]; Jagan Nath Biswas v. State of West Bengal [(1975) 4

    SCC 115]; T.A Abdul Rahman v. State of Kerala [(1989) 4

    SCC 741]; M. Ahamedkutty v. Union of India [(1990) 2 SCC

    1.] It has been unequivocally laid down by the Hon’ble

    Supreme Court in the said judgments that courts should not

    merely on account of the delay in making of an order of

    detention assume that such delay, gives rise to an inference

    that there was no sufficient material for the subjective

    satisfaction of the detaining authority or that such subjective

    satisfaction was not genuinely reached. Delay, in itself, is not

    a conclusive factor in cases involving preventive detention.

    The principal consideration would be whether the delay has
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    been adequately explained and whether such delay has

    resulted in breaking the live and proximate nexus between

    the detenu’s prejudicial activities thus absolving the need or

    necessity to order preventive detention.

    19. In the case at hand while considering the

    purported delay and the alleged snapping of live link between

    the last prejudicial activity and the order of detention, it is to

    be noted that the sponsoring authority has given an

    explanation for the delay that has been occasioned. The sum

    and substance of the same is that the last crime against the

    detenu had been registered against him at Kayamkulam

    Police Station on 04.11.2025 in Crime No. 1952 of 2025. The

    detenu had absconded after the commission of the last

    prejudicial activity. The order of detention was issued on

    12.02.2026 and could be executed only on 04.03.2026, when

    the detenu was apprehended. The question to be considered

    is whether there was justification for invoking the preventive

    detention law, and whether there has been any delay in

    issuing the detention order. The further question whether the
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    delay, if any, has been reasonably/validly explained also

    merits consideration. As regards the contention regarding

    delay, it is seen that the last prejudicial activity relied upon is

    Crime No. 1952/2025, which occurred on 04.11.2025. The

    investigation report in the said crime was received by the

    detaining authority on 18.12.2025. There was no delay on the

    part of the Sponsoring Authority in forwarding the report.

    However, on scrutiny of the records, the detaining authority

    found that the materials furnished were incomplete and,

    therefore, called upon the District Police Chief, Kollam (City),

    to submit an additional report containing the wound

    certificate and the present status of Crime No.1952 of 2025,

    the bail details in Crime No.237 of 2020, legible copies of the

    witness statements in the said crime, copies of the witness

    statements and the final report in Crime No.602 of 2021, and

    the bail particulars in Crime No.1833 of 2024.Pursuant

    thereto, the Sponsoring Authority submitted an additional

    report on 27.01.2026. The additional report enclosed copies

    of the First Information Report, wound certificate and scene
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    mahazar in Crime No.1952 of 2025, besides informing that

    the detenu was absconding and that the investigation was

    still in progress. It was further clarified that no separate

    recovery mahazar had been prepared in Crime No.1277 of

    2019. Legible copies of the scene mahazar, witness

    statements and arrest details in Crime No.237 of 2020, as

    well as copies of the witness statements and the final report

    in Crime No.602 of 2021, were also furnished. The report

    further disclosed that in Crime No.266 of 2023, the final

    report had been filed showing the detenu as absconding and,

    therefore, no bail order was available. The additional report

    also enclosed the earlier detention order bearing

    No.DCKLM/3863/2021-M16 dated 09.05.2025 and the order

    revoking the said detention. It is the specific case of the

    respondents that the detention order could be issued only

    after receipt and consideration of the aforesaid additional

    materials, which formed an integral part of the records on the

    basis of which the detaining authority arrived at its subjective

    satisfaction. The slight delay occasioned in issuing the
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    detention order was thus fully explained and cannot be said

    to have snapped the live and proximate link between the last

    prejudicial activity and the order of preventive detention. In

    the circumstances explained above, the contention that

    preventive detention was not necessary and that there had

    been inordinate and capable of snapping the live link, is

    unsustainable. The contention that the live and proximate

    link between the prejudicial activities and the order of

    detention stood snapped is not supported by any material.

    Contentions in the said respect put forth by the learned

    counsel for the petitioner are hence unsustainable and

    rejected.

    20. The next question to be considered is regarding

    the contention that Exhibit P3 representation preferred by the

    detenu was not duly considered and disposed of thereby

    prejudicially affecting his constitutionally guaranteed rights.

    It is relevant in this context to note that the Supreme Court

    in K.M.Abdulla Kunhi v. Union of India [(1991) 1 SCC 476)]

    has observed as follows;

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    “The time imperative for consideration of
    representation can never be absolute or obsessive.
    It depends upon the necessities and the time at
    which the representation is made. The
    representation may be received before the case is
    referred to the advisory board, but there may not
    be time to dispose of the representation before
    referring the case to the advisory board. In that
    situation, the representation must also be
    forwarded to the advisory board along with the
    case of the detenu. The representation may be
    received after the case of the detenu is referred to
    the board. Even in this situation, the representation
    should be forwarded to the advisory board,
    provided the board has not concluded the
    proceedings. In both the situations, there is no
    question of consideration of the representation
    before the date of receipt of the report of the
    advisory board. Nor it could not be said that the
    Government had delayed the consideration of the
    representation, unnecessarily awaiting the report
    of the board. It is proper for the Government in
    such situation to await the report of the board.”

    (Emphasis supplied)

    The above view has been reiterated by the Hon’ble

    Supreme Court in Golam Biswas v. Union of India and

    another (supra). In Rasna v. State of Kerala [2025 KHC

    Online 1690], this Court has held that inaction on the part of

    the respondents in considering such representation

    submitted by the detenu against his detention violates Article

    22(5) of the Constitution of India, rendering the detention

    illegal.

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    21. In the case at hand, it is noted that Exhibit P3

    representation was preferred by the petitioner before the first

    respondent and the same is dated 14.03.2026. It is the

    specific case of the learned counsel for the petitioner is that

    Exhibit P3 representation was not considered by the 1st

    respondent before approval and was not placed before the

    fourth respondent, Chairman of the Advisory Board which

    rendered its opinion on 08.04.2026. The contention put forth

    by the learned counsel for the petitioner on this count holds

    merit. A perusal of the confirmation order reveals that Exhibit

    P3 representation was not before the Advisory Board when

    the detention order was confirmed . Nothing has been placed

    before us to disclose the fate of the representation. The

    invocation of Article 22 (5) of the Constitution by the detenu

    and preferring of the representation cannot be brushed aside

    lightly by the authorities. Such representation mirroring the

    invocation of a fundamental right ought to have been duly

    considered and acted upon with alacrity. No such course is

    seen adopted by the authorities in the case at hand and we
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    are still in the dark regarding the fate of such representation.

    Therefore, the contention of the petitioner that the

    representation submitted by the detenu was not considered

    by the Government and that the impugned orders vitiate the

    rights guaranteed under Article 22(5) of the Constitution

    rendering the detention illegal and unsustainable is valid and

    tenable.

    22. Now proceeding to consider the third and last

    contention put forth by the petitioner that copies of all the

    documents relied on were not provided and that those copies

    provided were not legible, the petitioner has relied upon the

    decision in the case of Sneha Vijayan (supra), wherein it was

    observed as follows:

    “9. The obligation of the detaining authority to furnish
    legible copies of relied – upon documents to the
    detenu is not a mere formality. Only when the said
    procedure is scrupulously complied with, the detenu
    can file an effective representation before theAdvisory
    Board and the Government. The right of the detenue
    to file an effective representation before the
    Government as well as the Advisory Board is a
    constitutional right under Art.22(5) and also a
    statutory right. Therefore, it is the duty of the
    detaining authority to ensure that the copies of the
    impugned order as well as the relevant documents
    which are furnished to the detenu at the time of
    effecting his arrest are legible so as to enable him to
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    approach the Advisory Board as well as the
    Government, to make an effective representation.
    ……………

    11. It is trite that something more than mere
    registration of an FIR is required to reckon a case that
    is under investigation, for the purpose of passing a
    there must be some additional materials to make a
    case qualified to be reckoned for passing a detention
    order. As already discussed, on verification by the
    Court, it is revealed that the copy of the records,
    including vital documents like FIS, mahazar etc.,
    verified by the detaining authority during the course
    of its proceedings are not legible. The copies of the
    said documents furnished to the detenu are also
    established to be illegible. Therefore, the objective as
    well as the subjective satisfaction arrived at by the
    detaining authority is apparently vitiated. As rightly
    pointed out by the learned counsel for the petitioner, if
    the case registered with respect to the last prejudicial
    activity is eschewed from consideration, there would
    be a long delay between the registration of the last
    qualified case and the order of detention. On the said
    ground, Ext.P1 order warrants interference.

    13. In the case at hand, it is established that
    the copies supplied on the detenu were not legible
    making him incapacitatedto file an effective
    representation. The said serious lapse is a ground to
    interfere with the impugned order. An order of
    detention, under KAA(P) Act has wide ramifications as
    far as the personal as well as the fundamental rights
    of an individual are concerned. Therefore, the
    detaining authority should have acted with much
    alacrity in ensuring that all the procedural formalities
    are adhered to.” (emphasis supplied)

    23. The contention regarding the supply of illegible

    documents, is opposed by the learned Public Prosecutor

    pointing out that the same is devoid of merit as at the time of
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    execution of the detention order, the detenu had

    acknowledged receipt of legible and readable copies of the

    relied-upon documents. It was further argued that the detenu

    had thereafter submitted an effective representation before

    the Government, which itself demonstrated that no prejudice

    had been caused to him on account of any alleged illegibility

    of documents. The learned Public Prosecutor, therefore,

    contended that there was no violation of the constitutional

    safeguards guaranteed under Article 22(5) of the Constitution

    of India. He places reliance on the decision in Usha Agarwal

    v. Union of India and others [(2007) 1 SCC 295] and Molly

    v. State of Kerala and others [W.P.(Crl.) No.133 of 2021]

    contend that unless actual prejudice is established, the

    detention order cannot be invalidated on the ground of

    alleged defects in the copies supplied to the detenu. The

    relevant paragraph relied upon by the learned Public

    Prosecutor in the decision of the Hon’ble Supreme Court in

    Usha Agarwal (supra) is reproduced below:

    “19. The High Court has examined the copies that
    were furnished to the detenu. In regard to the
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    grievance relating to illegible copies occurring
    between pp. 493 and 887 and the last page, the
    High Court found that these were copies of the
    documents which were supplied by the detenu
    himself, and the Department could do no better
    than to furnish the copies thereof. If the documents
    furnished by the detenu to the Department
    contained some portions or pages which were
    illegible, obviously the copies thereof furnished by
    the detaining authority to the detenu will also
    contain such illegible portions. The learned counsel
    for the appellant contended that if really any
    document furnished by the detenu was illegible, it
    could not have been used against the detenu. But
    this contention overlooks the fact that a document
    may contain several sheets and illegibility of some
    sheets or parts of some sheets will not come in the
    way of the authorities making use of the legible
    portions of the documents furnished by the detenu,
    supplemented by other documents secured during
    investigation. There is nothing strange in the
    Department making use of partially legible
    documents furnished by detenu. Therefore,
    illegibility of portions of documents which are
    copies of documents furnished by the detenu,
    cannot be a ground for grievance by the detenu.
    Insofar as the allegation that some of the sheets
    between pp. 124 to 371B were illegible is
    concerned, the High Court after having gone
    through the copies of documents furnished to the
    detenu, has found no substance in the contention.
    In fact, while acknowledging the copies of
    documents, the detenu has made an endorsement
    that they were legible. 20. The entire issue of
    furnishing of illegible copies is with reference to the
    question whether the detenu’s right to make an
    effective representation against his detention is
    hampered by non-supply of legible copies. The High
    Court after an examination of the copies of
    documents found that the detenu was not so
    hampered. Having gone through the
    representations made by the detenu against his
    detention, we also find that he was in no way
    hampered by the fact that a few of the
    sheets/copies of documents were partly illegible.
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    We, therefore, find no merit in the second
    contention, nor any reason to interfere with the
    finding of the High Court in this behalf.”

    24. Similarly, the relevant paragraphs in the case of

    Molly (supra) reads as follows:

    “11. The learned Counsel for the petitioner raised a
    contention that certain documents served on the
    detenu were illegible copies and the specific pages
    were referred to. The reference made is concerning
    Crime Nos.2849/2016 and 1435/2019. In this
    context we are of the opinion none of these be
    reckoned, since for preventive detention of one year
    following earlier detention under KAA(P)A; there need
    be only one crime registered as is required under
    S.13(2). After revocation or expiry of a detention order
    if the detenu continues to be a ‘known goonda’ or
    ‘known rowdy’ under S.2(o) or S.2(p), then under
    S.13(2) and if he is involved in one single offence of
    the nature described in S.2(o) or (p), under Section
    13(2)(i)
    ; there can be a subsequent detention order. In
    the circumstance under S.13(2)(i), the period can also
    extend upto one year as per S.12. In the present case,
    there is also a conviction entered for the offence
    committed after the earlier detention and there are
    numerous crimes committed by the detenu. S.7(4)
    provides that the order of detention shall not be
    deemed to be invalid because one or more of the facts
    or circumstances cited among the grounds are vague,
    non-existent, irrelevant or invalid for any reason
    whatsoever. The illegible copies if rendering invalid
    for consideration the two crimes referred; even then
    the remaining facts legitimize the detention. We
    reiterate that there is only need for one such offence
    after the earlier detention and in the present case
    there are six other cases registered. Even if the two
    crimes above referred are eschewed, there are six
    other crimes registered and also one conviction in one
    of such crimes registered, subsequent to the earlier
    detention.”

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    25. In the case at hand the original file had been

    called for and perused jointly in court. The pages of the

    documents supplied which are illegible have been identified

    by the learned counsel for the petitioner from the original file

    in the presence of the learned Public Prosecutor. It was

    clearly admitted by the learned Public Prosecutor that some

    of the pages of the relevant documents were illegible. We have

    inspected the original file, and find that the contention of the

    petitioner regarding the illegibility of such documents thereby

    preventing him from making proper and effective

    representation is clearly established. It is trite law that the

    Detaining Authority is required to supply legible copies in

    order to enable the detenu to make an effective

    representation. In view of the above, we find merit in the

    contention put forth by the petitioner’s counsel that the

    detenu had been incapacitated by such non compliance and

    that his interests had been prejudicially affected by the fact

    that illegible copies were provided to him. The detention of

    the detenu is bad on the said count too.

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    The cumulative effect of the above discussion is that

    the detention of the husband of the petitioner is not in

    accordance with the mandates of law and hence cannot be

    sustained. Exhibits P1 and P2 orders are liable to be set

    aside and it is hereby ordered so. The 5 th respondent

    Superintendent of Jail, Central Jail, Viyyur is hereby directed

    to set the said detenu viz., Shan, aged 29 years, S/o.Jaffar,

    Kunnuthara Veettil, Kappil Mekkumuri, Krishnapuram,

    Kollam, Pin-690 533, free forthwith if his detention is not

    required in any other matter.

    The Registry shall communicate this to the 5th

    respondent by email at once. The report in the sealed cover

    shall be returned to the learned Senior Public Prosecutor

    forthwith.

    Sd/-

    SOUMEN SEN
    CHIEF JUSTICE

    Sd/-

    SYAM KUMAR V.M.
    JUDGE
    csl/SL
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    APPENDIX OF WP(CRL.) NO. 781 OF 2026

    PETITIONER’S EXHIBITS

    Exhibit P1 TRUE COPY OF ORDER NO.DCKLM/291/2026-M-16
    DATED 12.02.2026 OF THE 2ND RESPONDENT.

    Exhibit P2 A TRUE COPY OF THE GO(RT).NO.1381/2026/HOME
    DATED 20.04.2026
    Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
    14.03.2026 SUBMITTED BY THE PETITIONER
    BEFORE THE 1ST RESPONDENT
    Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED
    22.04.2026



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