[Cites 3, Cited by 0]
Kerala High Court
Soudha vs State Of Kerala on 24 February, 2026
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
2026:KER:16306
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
TUESDAY, THE 24TH DAY OF FEBRUARY 2026 / 5TH PHALGUNA, 1947
WP(CRL.) NO. 268 OF 2026
PETITIONER:
SOUDHA
AGED 29 YEARS
W/O SHAFEEQ, ETTONIL HOUSE, OLAVATTOR P.O,
PULIKKAL, MALAPPURAM DISTRICT, PIN - 673638
BY ADVS.
SRI.M.DEVESH
SRI.M.ANUROOP
SMT.JYOTHIS MARY
SMT.S.K.SREELAKSHMY
SHRI.MURSHID ALI M.
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT
OF KERALA, HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
THE DISTRICT POLICE CHIEF
DISTRICT POLICE OFFICE, UP HILL POST, MALAPPURAM
DISTRICT, PIN - 676505
THE SUPERINTENDENT
CENTRAL PRISON & CORRECTIONAL HOME, VIYYUR,
THRISSUR DISTRICT, PIN - 680631
BY ADVS.
SRI.K.A.ANAS, GOVERNMENT PLEADER
THIS WRIT PETITION (CRIMINAL) HAVING BEEN COME UP FOR
HEARING ON 24.02.2026, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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2026:KER:16306
JUDGMENT
Jobin Sebastian, J.
This writ petition is directed against an order of detention dated
07.11.2025 passed against one Shafeeq (herein after referred to as
'detenu'), under Section 3(1) of the Kerala Anti-Social Activities (Prevention)
Act, 2007 [KAA(P) Act for the sake of brevity]. The petitioner herein is the
wife of the detenu. The said order stands confirmed by the Government vide
order dated 23.01.2026, and the detenu has been ordered to be detained for
a period of one year with effect from the date of detention.
2. The records reveal that on 21.10.2025, a proposal was
submitted by the District Police Chief, Malappuram, the 3rd respondent,
seeking initiation of proceedings against the detenu under Section 3(1) of
the KAA(P) Act, before the jurisdictional authority. Altogether, five cases in
which the detenu got involved have been considered by the jurisdictional
authority for passing the detention order. Out of the said cases, the case
registered with respect to the last prejudicial activity against the detenu is
Crime No.1131/2025 of Kondotty Police Station, alleging commission of
offences punishable under Sections 22(c) and 29 of the NDPS Act.
3. We heard Sri. M. Devesh, the learned counsel appearing for the
petitioner, and Sri. K.A. Anas, the learned Government Pleader.
4. The learned counsel for the petitioner would submit that Ext.P3
order of detention was passed without proper application of mind and on
improper consideration of facts. The learned counsel further submitted that,
though the impugned order was passed on 07.11.2025, the same was
executed only on 14.11.2025. According to the counsel, the said delay in
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2026:KER:16306
executing the order is unjustifiable and will breach the statutory provision
regarding the execution of such an order. On these premises, it was urged
that Ext.P3 order is vitiated and is liable to be set aside.
5. Per contra, Sri. K.A. Anas, the learned Government Pleader,
submitted that the detention order was passed after proper application of
mind and upon arriving at the requisite subjective as well as objective
satisfaction, and hence no interference is warranted in the impugned order.
According to the learned Government Pleader, no unreasonable delay has
been occasioned in executing the detention order, and the contention of the
petitioner, sticking on the delay in executing the order, is devoid of any
merit.
6. As evident from the records, altogether five cases formed the
basis for passing the detention order, which is under challenge in this Writ
Petition. The incident that led to the registration of the case with respect to
the last prejudicial activity occurred on 05.10.2025, and on the same day,
the detenu was arrested and remanded to judicial custody. It was on
21.10.2025, while the detenu was under judicial custody, that a proposal
was forwarded by the sponsoring authority for the initiation of proceedings
under KAA(P) Act against the detenu. Subsequently, on 07.11.2025, the
detention order was passed. The sequence of the events narrated above
reveals that there was no unreasonable delay either in mooting the proposal
or in passing the detention order.
7. However, from a perusal of the records, it is evident that
although the impugned order was passed on 07.11.2025, the same was
executed only on 14.11.2025. While considering the said delay, it cannot be
ignored that evidently the detenu got bail in the case registered with respect
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to the last prejudicial activity only on 27.01.2026. The detention order was
passed on 07.11.2025, much prior to the release of the detenu from jail.
Evidently, when the impugned order was passed, the detenu was under
judicial custody. As the detenu was available in the jail, it was very well
possible for the authority concerned to execute the order swiftly. However,
as already stated, the order was executed only on 14.11.2025. The said
delay in execution of the impugned order is fatal, particularly when no
convincing explanation whatsoever has been assigned for the same. When
there is no special reason that justifies the delayed execution, the same is a
ground to interfere with the impugned order, as the same breaches the
statutory provisions.
8. In the result, this Writ Petition is allowed and the Ext.P3 order
of detention is set aside. The Superintendent of Central Prison, Viyyur,
Thrissur, is directed to release the detenu, Sri. Shafeeq, if his detention is
not required in connection with any other case.
The Registry is directed to communicate the order to the
Superintendent of Central Prison, Viyyur, Thrissur, forthwith.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
JOBIN SEBASTIAN
JUDGE
ANS
W.P(Crl). No.268 of 2026 :: 5 ::
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APPENDIX OF WP(CRL.) NO. 268 OF 2026
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ORDER OF DETENTION
NO. DCMPM/8513/2024-S1 DATED 14.08.2024
OF THE DISTRICT MAGISTRATE, MALAPPURAM
Exhibit P2 THE TRUE COPY OF THE PROPOSAL DATED
21.10.2025 BY RESPONDENT NO.3 FOR
INITIATING ACTION AGAINST THE DETENU
UNDER SECTION 3(1) R/W 13(2)(I) OF
KAA(P)A BEFORE RESPONDENT NO.2
Exhibit P3 THE TRUE OF THE ORDER OF DETENTION NO.
DCMPM/8513/2024-S1 DATED 07.11.2025 OF
DISTRICT MAGISTRATE, MALAPPURAM
Exhibit P4 THE TRUE COPY OF THE DETENTION ORDER
G.O.(RT)NO.304/2026/HOME DATED
23.01.2026 PASSED BY THE RESPONDENT NO.2
Exhibit P5 THE APPLICATION FOR BAIL CANCELLATION
SUBMITTED BY THE ASSISTANT EXCISE
COMMISSIONER, MALAPPURAM THROUGH PUBLIC
PROSECUTOR AT THE NDPS SPECIAL COURT
DATED 03.11.2025
Exhibit P6 THE ARREST INTIMATION GIVEN BY THE
ARRESTING OFFICER TO THE DETENU AND
RELATIVE OF THE DETENU DATED 14.11.2025
