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Dhanya M vs State Of Kerala
2025 Latest Caselaw 3114 Ker

Citation : 2025 Latest Caselaw 3114 Ker
Judgement Date : 31 January, 2025

Kerala High Court

Dhanya M vs State Of Kerala on 31 January, 2025

Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
                                              2025:KER:7296


         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
                             &
         THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
 FRIDAY, THE 31ST DAY OF JANUARY 2025 / 11TH MAGHA, 1946
                 WP(CRL.) NO. 1292 OF 2024

PETITIONER:

          DHANYA M., AGED 30 YEARS
          W/O RAJESH, KANAVU VEEDU, KUNDUKKADI,
          KOTTEKKAD, MARUTHARODE, PALAKKAD, PIN - 678732

          BY ADVS.
          M.H.HANIS
          T.N.LEKSHMI SHANKAR
          NANCY MOL P.
          ANANDHU P.C.
          NEETHU.G.NADH
          RIA ELIZABETH T.J.
          ANN MARY ANSEL
          SINISHA JOSHY
          SAHAD M. HANIS


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,
          CIVIL STATION, PALAKKAD DISTRICT, PIN - 678001

    3     THE DISTRICT POLICE CHIEF,
          CIVIL STATION,PALAKKAD DISTRICT, PIN - 678001
 W.P.(Crl.)No.1292 of 2024




                                                 2025:KER:7296
                             -: 2 :-




     4      THE CHAIRMAN
            ADVISORY BOARD, KAAPA, SREENIVAS,
            PADAM ROAD, VIVEKANANDA NAGAR, ELAMAKKARA,
            ERNAKULAM DIST, PIN - 682026

     5      THE SUPERINTENDENT OF JAIL,
            CENTRAL JAIL, VIYYUR,
            THRISSUR DIST, PIN - 670004

            BY GOVERNMENT PLEADER SRI.K.A.ANAS



         THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY
HEARD ON 21.01.2025, THE COURT ON 31.01.2025 DELIVERED
THE FOLLOWING:
 W.P.(Crl.)No.1292 of 2024




                                                                   2025:KER:7296
                                     -: 3 :-



                                                                           C.R.
           P.B.SURESH KUMAR & JOBIN SEBASTIAN, JJ.
                 -----------------------------------------------
                      W.P.(Crl) No.1292 of 2024
                 -----------------------------------------------
             Dated this the 31st day of January, 2025


                              JUDGMENT

P.B.Suresh Kumar, J.

This writ petition is instituted seeking, among

others, a writ of habeas corpus directing the respondents to

produce the friend of the petitioner, Nandakumar, who is

detained in terms of an order issued under Section 3(1) of the

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

and to set him at liberty.

2. Heard the learned counsel for the petitioner as

also the learned Government Pleader.

3. Ext.P1 order of detention was issued on

20.06.2024 and the same was executed on 30.09.2024. The

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detenu is involved in four cases of which the last one was

Crime No.401 of 2024 of Palakkad Town North Police Station

registered on 06.04.2024 under Sections 341, 323, 324 and

326 of the Indian Penal Code (IPC), Section 17 of the Kerala

Money Lenders Act, 1958 and Section 4 of the Kerala

Prohibition of Charging Exorbitant Interest Act, 2012. The

detenu was arrested in connection with the last case on

16.04.2024 and he was enlarged on bail on 27.05.2024.

4. The first and foremost contention raised by the

learned counsel for the petitioner is that there is inordinate

delay in executing the order of detention and that the

detention is therefore illegal. It was also contended by the

learned counsel that there is a long delay of 75 days from the

date of the last prejudicial activity and the order of detention

and the said delay snapped the live link between the order of

detention and the grounds of detention and that the order of

detention is, therefore, vitiated. It was further contended by

the learned counsel that there is non-compliance of the

2025:KER:7296

mandatory requirement contained under Section 3(3) of the

Act inasmuch as the order of detention has not been reported

forthwith to the Government and the Director General of Police,

together with a copy of the order and supporting records and

that therefore, the detention is illegal. It was further contended

by the learned counsel that Ext.P4 representation preferred by

the petitioner before the Government against the order of

detention has not been considered by the Government at the

earliest opportunity on the ground that the matter is seized of

by the Advisory Board and that the representation has been

considered only after the receipt of the report of the Advisory

Board. According to the learned counsel, the course adopted

by the Government in this regard is faulty and that the

Government ought to have considered and disposed of Ext.P4

representation notwithstanding the fact that the matter is

seized of by the Advisory Board. The learned counsel has relied

on the decision of the Constitution Bench of the Apex Court in

Pankaj Kumar Chakrabarty v. State of W.B., (1969) 3 SCC

2025:KER:7296

400, the decision of the two Judge Bench of the Apex Court in

Pramod Singla v. Union of India, 2023 SCC OnLine SC 374

and the decision of a Division Bench of this Court in Kumari

A.V. v. State of Kerala, 2024 KHC 646, in support of his

argument. It was the submission of the learned counsel that

inasmuch as the said course has not been adopted by the

Government, the detention is illegal.

5. The learned Government Pleader submitted

that when the order of detention was issued, it was noticed

that the detenu was arrested in connection with a case

registered in Madukkarai Police Station in the State of Tamil

Nadu under Section 398 IPC and that he was in judicial custody

in connection with that case. According to the learned

Government Pleader, it was on account of that reason that the

order of detention could not be executed with immediate

effect. It was pointed out that the detenu was enlarged on bail

in that case only on 07.09.2024 and that immediately

thereafter, the order of detention was executed on 30.09.2024.

2025:KER:7296

As regards the contention that there is delay from the date of

the last prejudicial activity to the order of detention, it was

pointed out by the learned Government Pleader that the

proposal to detain the detenu under the Act was submitted on

05.06.2024, immediately after he was enlarged on bail in

connection with Crime No.401 of 2024 and the order of

detention was issued immediately thereafter on 20.06.2024

and therefore, there is no delay. As regards the contention that

there is non-compliance of the mandatory requirement under

Section 3(3) of the Act, the learned Government Pleader

brought to our attention the communication dated 20.06.2024

issued by the detaining authority in compliance of the said

statutory provision and argued that the requirement under the

said statutory provision has been complied with. As regards the

contention that Ext.P4 representation preferred by the

petitioner before the Government has not been considered at

the earliest opportunity, the learned Government Pleader

pointed out that by the time the representation was received,

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the matter was already referred to the Advisory Board and it is

on account of that reason that the representation could not

have been considered until receipt of the report of the

Advisory Board. The learned Government pleader relied on the

decision of the Apex Court in Golam Biswas v. Union of

India, (2015) 16 SCC 177, in support of his argument.

6. In reply to the submission made by the learned

Government Pleader, the learned counsel for the petitioner

contended that even if it is taken that the Government was

unable to execute the order of detention till the release of the

detenu from the Tamil Nadu jail, there is still a delay of 23 days

in executing the order of detention. According to the learned

counsel, in the absence of any explanation, the said delay

would make the order of detention unenforceable.

7. We have examined the contentions raised by

the learned counsel for the petitioner. No doubt, if an order of

detention is not executed within a reasonable time, the order

would become unenforceable. Likewise, the fact that the

2025:KER:7296

detenu was undergoing judicial custody cannot be projected as

an impediment in executing an order of detention. But at the

same time, the decision taken by the authorities empowered to

execute the order of detention to wait until the release of the

detenu from the Tamil Nadu jail, cannot be said to be faulty for,

the authorities empowered to execute the order are not bound,

in all cases, to detain the person concerned even if he is in

judicial custody. As pointed out by the learned counsel for the

petitioner, even though the detenu was released on bail in

connection with the case registered in Madukkarai Police

Station on 07.09.2024, the order of detention was executed

only on 30.09.2024 and there is still a delay of 23 days in

executing the order of detention. The learned Government

Pleader has made available a copy of the order granting bail to

the detenu in the case registered in Tamil Nadu and pointed

out that bail was granted to the detenu in the said case subject

to the condition that he should appear before the Jurisdictional

Magistrate everyday for a period of one month at 10 a.m. and

2025:KER:7296

that the detenu remained in the State of Tamil Nadu itself,

owing to the said condition. According to the learned

Government pleader, the detenu came to Kerala only on

30.09.2024 and the detention order was executed on that day

itself. True, the explanation aforesaid has not been stated in

the counter affidavit. But, the respondents cannot be blamed

for having not stated the said explanation in the counter

affidavit, as the contention that there is delay even after the

release of the detenu from Tamil Nadu jail is not raised in the

writ petition. It is an argument that was raised at the time of

hearing. Be that as it may, inasmuch as the detenu was

undergoing judicial custody pursuant to his arrest in

connection with a case registered outside the territory of the

State, regard being had to the common course of natural

events, human conduct and public and private business in their

relation to the facts of this case, we are of the view that the

delay of 23 days in executing the order of detention, under the

circumstances, cannot be said to be fatal.

2025:KER:7296

8. As regards the contention that there is

inordinate and unexplained delay from the date of the last

prejudicial activity to the date of the order of detention, it is to

be noted that the occurrence which is subject matter of the

last crime in which the detenu was involved, was one that took

place on 06.04.2024. He was arrested in connection with the

said case on 16.04.2024 and enlarged on bail only on

27.05.2024 and immediately thereafter, proposal for the

detention of the detenu was submitted on 05.06.2024 and the

order of detention was issued on 20.06.2024 itself. In WP(Crl.)

No.1329 of 2024, it was held by us that even though the

principle is that the delay between the last prejudicial activity

and the order of detention, unless satisfactorily explained,

would throw a considerable doubt on the genuineness of the

requisite subjective satisfaction of the detaining authority in

passing the order of detention and render the order of

detention bad and invalid for want of live and proximate link

between the grounds of detention and the purpose of

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detention, if the detenu is in custody all throughout, it is not

possible to make an inference straight away that the live and

proximate link between the grounds of detention and the

purpose of detention has been snapped on account of the

delay. As such, in the case on hand, if the period during which

the detenu was undergoing judicial custody in connection with

the last prejudicial activity is excluded from consideration, we

do not think that there is unexplained delay, on the basis of

which it could be contended legitimately that the live link

between the prejudicial activities and the grounds of detention

has been snapped.

9. As regards the contention that there is non-

compliance of the mandatory provision contained in Section

3(3) of the Act, it is seen that it is based on Ext.P3 reply given

by the Public Information Officer to Ext.P2 application preferred

by the counsel for the petitioner under the Right to Information

Act that the said contention has been raised. No doubt, in

terms of the provision contained in Section 3(3) of the Act,

2025:KER:7296

when an order of detention is issued, it is obligatory on the

part of the authorised officer to forthwith report that fact to the

Government and the Director General of Police, Kerala,

together with a copy of the order and supporting records

which, in his opinion, has a bearing on the matter. The letter

addressed by the authorised officer to the Additional Chief

Secretary to Government, and the Director General of Police on

20.06.2024 which has been produced by the petitioner in the

writ petition itself, reads thus:

"Kind attention is invited to the subject and reference cited. It is hereby informed that a detention order No.DCPKD/6661/2024-S1 Dated:20.06.2024 has been duly passed u/s 3(1) and 3(2) of KAAPA, 2007 in respect of Nandakumar, Age-32, S/o Narayanaswamy, Chithira House, Jayram Colony, Chirakkad, Kunnathurmedu, Palakkad. Copies of the detention order, grounds and relevant records are enclosed herewith for information."

The contents of the extracted letter reveal compliance of the

mandatory requirement under Section 3(3) of the Act. Be that

as it may, the query made by the counsel for the petitioner in

Ext.P2 was the following:

"സചന ഉതരവ എന ണ ആദ മ യ ത ങളട ഓഫസൽ എതനത?

എങടനയ ണ എതയത? ഇ-ടമയൽ മഖ നരമ ണണ ? തപ ൽ വകപ മഖ നരമ ണണ ? ണനരട യരണന ? എത ണപജകളള ണരഖകള ണ ടമ ത/

2025:KER:7296

ഉണ യരനത? ആയതട1 വശദ വവരങൾ ആവശ ടപടന?"

The reply in Ext.P3 for the query referred to above, reads thus:

"സചന (2) അണപകയൽ ത ങൾ ആവശ ടപട രന വവരങളൽ സചന (1) ഉതരവ/ കവറങ ട:റർ ഉൾടപട 20/06/2024 തയത തടന ഇ-ടമയൽ മഖ നര/ ടസകനൽ :ഭ മ യടണ എന അറയകന. "

As noted, the argument of the learned counsel for the

petitioner is that in the light of Ext.P3 reply, it will have to be

presumed that the detaining authority has forwarded to the

Government only the order of detention and not the supporting

records. In Ext.P2 query, the counsel for the petitioner only

sought information as to when the order of detention has been

received in the office of the Additional Chief Secretary and how

the same was received. Similarly, the counsel for the petitioner

sought information as to the number of pages of the materials

and the particulars of the same. Going by Ext.P3 reply, the

query sought by the counsel for the petitioner as to the

number of pages of the materials and the particulars of the

same were not furnished by the Public information Officer.

Even though it was mentioned in Ext.P3 reply that the counsel

for the petitioner can prefer an appeal against the reply given

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to the information sought by him, no appeal has been

preferred. As such, from Ext.P3 reply alone, according to us, it

cannot be inferred that the detaining authority has not

forwarded the supporting records along with the copy of the

order of detention.

10. Coming to the contention that Ext.P4

representation preferred by the petitioner has not been

considered by the Government at the earliest opportunity,

there is no dispute to the fact that Ext.P4 representation has

been received by the Government only after the case of the

detenu has been placed before the Advisory Board. Similarly,

there is no dispute to the fact that the Advisory Board has

formulated its report in relation to the case of the detenu only

on 14.11.2024 and the Government confirmed the detention

order on 22.11.2024 on receipt of the report of the Advisory

Board. The confirmation order which was made available by

the learned Government Pleader refers to the representation

submitted by the petitioner. As such, it can be presumed that it

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is after considering Ext.P4 representation that the order of

detention has been confirmed by the Government. There is

also no dispute to the fact that the detenu was informed by the

Government thereupon by letter dated 25.11.2024 about the

decision taken in the representation. The petitioner has no

case that there is any delay on the part of the Government in

considering the representation of the petitioner after receiving

the report of the Advisory Board. As noted, the contention is

only that the representation preferred by the petitioner should

have been considered by the Government at the earliest

opportunity, notwithstanding the fact that the case of the

detenu has been placed before Advisory Board, and that the

course adopted by the Government in waiting for the report of

the Advisory Board for considering the representation is faulty.

The question, therefore, is whether the Government was

justified, on the facts of this case, in not considering the

representation submitted by the petitioner on the ground that

the case of the petitioner has been placed before the Advisory

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Board.

11. In Pankaj Kumar Chakrabarty, a case

arising under the Preventive Detention Act, 1950, the

provisions of which are pari materia to the provisions contained

in the Act, the Constitution Bench of the Apex Court held that

the State Government is constitutionally bound to consider the

representation of the detenu independently, irrespective of the

fact whether the same was made before or after his case has

been placed before the Advisory Board. That was a case where

the representations were made to the Government by the

detenus after their detentions, and the Government did not

consider the said representations and merely passed them on

to the Advisory Board for its opinion. Since Ext.P4

representation of the petitioner in the case on hand has been

considered and disposed of by the Government, the decision in

Pankaj Kumar Chakrabarty may not have any application to

the facts of the present case. Be that as it may, in K.M.

Abdulla Kunhi v. Union of India, (1991) 1 SCC 476, a case

2025:KER:7296

arising under the Conservation of Foreign Exchange and

Prevention of Smuggling Activities Act, 1974, (COFEPOSA) it

was held by the Apex Court that in cases where the

representation of the detenu is received before the case is

referred to the Advisory Board, but there is no time to dispose

of the representation before referring the case to the Advisory

Board, then in such a situation, the representation must also

be forwarded to the Advisory Board along with the case of the

detenu and in cases where the representation is received after

the case is referred to the Advisory Board, then too the

Government has to forward the representation to the Advisory

Board, provided the Board has not concluded its proceedings.

The Apex Court clarified that in both these situations, there is

no question of consideration of the representation before the

receipt of the report of the Advisory Board. It was also clarified

by the Apex Court in the said case that in such situation, it

cannot be contended that the Government has delayed the

consideration of the representation, unnecessarily awaiting the

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report of the Board. Paragraph 16 of the said judgment reads

thus:

"16. We agree with the observations in Frances Coralie Mullin case. 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 receipt of report of the Advisory Board. Nor it could be said that the government has delayed consideration of the representation, unnecessarily awaiting the report of the Board. It is proper for the government in such situations to await the report of the Board. If the Board finds no material for detention on the merits and reports accordingly, the government is bound to revoke the order of detention. Secondly, even if the Board expresses the view that there is sufficient cause for detention, the government after considering the representation could revoke the detention. The Board has to submit its report within eleven weeks from the date of detention. The Advisory Board may hear the detenu at his request. The constitution of the Board shows that it consists of eminent persons who are Judges or persons qualified to be Judges of the High Court. It is therefore, proper that the government considers the representation in the aforesaid two situations only after the receipt of the report of the Board. If the representation is received by the government after the Advisory Board has made its report, there could then of course be no question of sending the representation to the Advisory Board. It will have to be dealt with and disposed of by the government as early as possible."

(Underline supplied)

Later, in Ankit Ashok Jalan v. Union of India, (2020) 16 SCC

127, a Three Judge Bench of the Apex Court, after referring to

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the Constitution Bench decisions of the Apex Court in Pankaj

Kumar Chakrabarty and K.M. Abdulla Kunhi, held that in

all cases, the Government would be acting in two capacities;

one while considering the representation and the other, while

taking appropriate decision after a report is received from the

Advisory Board that there is sufficient cause for detention and

it is on account of that reason that it was held by the Apex

Court in K.M.Abdulla Kunhi that it would be proper for the

appropriate Government to wait till the report of the Advisory

Board is received. Ankit Ashok Jalan was a case where the

detention orders were passed by the Joint Secretary to the

Government of India, specially empowered under Section 3(1)

of COFEPOSA and the representations preferred by the detenus

before the specially empowered officer were not considered by

the said officer. Instead, the detenus were given a

communication that in the light of the decision of the Apex

Court in Golam Biswas which was rendered following the

decision of the Apex Court in K.M.Abdulla Kunhi, the

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representations will be considered for disposal by the

competent authority only after receipt of opinion of the

Advisory Board. It was also held by the Apex Court in Ankit

Ashok Jalan that a representation if made to the specially

empowered officer under COFEPOSA who had passed the order

of detention in accordance with the power vested in him, the

same has to be independently considered by such detaining

authority and in that case, the principles concerned adverted

to in para 16 of the decision in K.M. Abdulla Kunhi would not

be the governing principles for such specially empowered

officer and that the discussion in K.M. Abdulla Kunhi was

purely in the context where the order of detention was passed

by the appropriate Government and not by the specially

empowered officer. The relevant portions of paragraphs 23 to

28 of the judgment of the Apex Court in Ankit Ashok Jalan

read thus:

"23. It must also be borne in mind that in all cases, the appropriate Government would be acting in two capacities; one while considering the representation and the other while taking appropriate decision after a report is received from the Advisory Board that there is sufficient cause for detention.

2025:KER:7296

Since the decision would be required to be taken in these two capacities, it was observed in K.M. Abdulla Kunhi that it would be proper for the appropriate Government to wait till the report is received from the Advisory Board in cases dealt with in para 16 of the decision. But such may not be the case with the detaining authority who is a specially empowered officer.

24. A specially empowered officer who passes the order of detention, in exercise of special empowerment, has no statutory role to play at the stage when the report is received from the Advisory Board. The report is to be considered by the appropriate Government and not by the specially empowered officer. It may also be relevant at this stage to consider the element of confidentiality associated with the report of the Advisory Board. Section 8 of the Cofeposa Act states:

xxx xxx xxx

25. In terms of Section 8, the report of the Advisory Board is meant only for the consumption of the appropriate Government and apart from the operative part of the report which is to be specified in a separate paragraph as per sub- section (c), the mandate in terms of sub-section (e) is to keep the report of the Advisory Board completely confidential. Thus, a specially empowered officer who may have passed the order of detention, by statutory intent is not to be privy to the report nor does the statute contemplate any role for such specially empowered officer at the stage of consideration of the opinion of the Advisory Board. The report of the Advisory Board may provide some qualitative inputs for the appropriate Government but none to the specially empowered officer who acted as the detaining authority. If that be so, would a specially empowered officer who had passed the order of detention be bound by what has been laid down by this Court in para 16 of the decision in K.M. Abdulla Kunhi in the context of the appropriate Government?

26. It must also be stated here that when K.M. Abdulla Kunhi was decided on 23-1-1991, the decision that was holding the field as to the role of a specially empowered officer who had passed an order of detention, was one rendered in Sushila Mafatlal Shah . The law that was holding the field was the concept of deemed approval as was explained in Sushila

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Mafatlal Shah and any representation made to such specially empowered officer who had passed the order of detention, in terms of the decision in Sushila Mafatlal Shah could be considered by the appropriate Government itself and not separately by such specially empowered officer. The subsequent decision in Amir Shad Khan was rendered by a Bench of three Judges on 9-8-1991 and the apparent conflict in the decisions between Sushila Mafatlal Shah and Amir Shad Khan was resolved by the Constitution Bench of this Court in Kamleshkumar rendered on 17-4-1995 i.e. well after the decision in K.M. Abdulla Kunhi.

27. Thus, if the law is now settled that a representation can be made to the specially empowered officer who had passed the order of detention in accordance with the power vested in him and the representation has to be independently considered by such detaining authority, the principles concerned adverted to in para 16 of the decision in K.M. Abdulla Kunhi would not be the governing principles for such specially empowered officer. It must be stated that the discussion in K.M. Abdulla Kunhi was purely in the context where the order of detention was passed by the appropriate Government and not by the specially empowered officer. The principle laid down in said para 16 has therefore to be understood in the light of the subsequent decision rendered by another Constitution Bench of this Court in Kamleshkumar .

28. In the light of the aforesaid discussion, our answer to first two questions is that the detaining authority ought to have considered the representation independently and without waiting for the report of the Central Advisory Board."

12. Reverting to the facts, Section 7 of the Act

confers on the detenu a right to prefer a representation only

before the Government and the Advisory Board and not before

the authorised officer, when the power of detention is

exercised by the authorised officer, unlike in the case of the

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detention under the COFEPOSA where, if the order of detention

is passed by the specially empowered officer, representation

can be preferred against the order of detention before the

specially empowered officer also. Inasmuch as the Government

has dual roles to play in the case on hand, also as clarified by

the Apex Court in Ankit Ashok Jalan, one while considering

the representation and the other while taking appropriate

decision after a report is received from the Advisory Board that

there is sufficient cause for detention, we do not find any

reason to hold that the ratio in K.M.Abdulla Kunhi does not

apply to the facts of this case, merely for the reason that the

scheme of the Act is such that it does not confer any right on

the detenu to prefer a representation before the authorised

officer.

13. Pramod Singla was a decision which

examined the question whether there exists any incongruity

between Pankaj Kumar Chakrabarty and K.M.Abdulla

Kunhi and even in that case, after holding that there exists no

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friction between Pankaj Kumar Chakrabarty and

K.M.Abdulla Kunhi, it was held that the mandate to not wait

for the Advisory Board, would be applicable only to the

detaining authority. Similarly, Kumari A.V. was a case where,

unlike the case on hand, the representation of the detenu was

received by the Government long before the case of the

detenu therein was placed before the Advisory Board and we

understand that it is in that context that this Court has held

that it was obligatory for the Government to consider the

representation, and interfered with the order of detention for

non-consideration of the representation by the Government.

In the light of the discussion aforesaid, the writ

petition is devoid of merits and the same is therefore,

dismissed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

Sd/-

JOBIN SEBASTIAN, JUDGE.

Ds





                                                   2025:KER:7296




                  APPENDIX OF WP(CRL.) 1292/2024

PETITIONER EXHIBITS

Exhibit P1              A TRUE COPY OF ORDER NO.
                        DCPKD/6661/2024-S1 DATED 20.06.2024 OF
                        THE 2ND RESPONDENT

Exhibit P2              A TRUE COPY OF THE APPLICATION UNDER
                        THE RIGHT TO INFORMATION ACT BEFORE
                        THE 1ST RESPONDENT

Exhibit P3              A TRUE COPY OF THE REPLY
                        NO.SSA1/656/2024-HOME DATED 05.11.2024

Exhibit P4              A TRUE COPY OF THE REPRESENTATION DATE
                        28.10.2024 SUBMITTED BEFORE THE 1ST
                        RESPONDENT

Exhibit P5              A TRUE COPY OF THE ACKNOWLEDGMENT CARD
                        EVIDENCING THE RECEIPT OF EXT P4

Exhibit P6              A TRUE COPY OF THE REPRESENTATION DATE
                        28.10.2024 SUBMITTED BEFORE THE 4TH
                        RESPONDENT

Exhibit P7              A TRUE COPY OF THE ACKNOWLEDGMENT CARD
                        EVIDENCING THE RECEIPT OF EXT P6
 

 
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