Preventive Detention Curtails Fundamental Rights, KAAPA Detaining Authority Should've Considered Bail Cancellation Instead: Kerala High Court
2 years, 4 months ago

Preventive Detention Curtails Fundamental Rights, KAAPA Detaining Authority Should've Considered Bail Cancellation Instead: Kerala High Court

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Quashing a preventive detention order under Kerala Anti-Social Activities Act, the High Court recently said the authorities should have considered the option of bail cancellation in respect of the first case against the detenu before resorting to the extreme measure of preventive detention.The court clarified that it was not saying that such an option should "necessarily. Quashing a preventive detention order under Kerala Anti-Social Activities Act, the High Court recently said the authorities should have considered the option of bail cancellation in respect of the first case against the detenu before resorting to the extreme measure of preventive detention. Argument 4 The final contention of the petitioner was that the detaining authority had not considered the option as to whether the plea for bail cancellation in respect of the first case, in which bail order was granted, should be sought instead of directly going for an extreme measure of preventive detention. Hence, in the light of the facts and circumstances of this case, we are of the view that the detaining authority should have, atleast, considered as to the viability and feasibility of the option of bail cancellation, in respect of the bail granted in the first case, and considered as to whether recourse to such ordinary process of criminal law would have been sufficient to meet the scenario in hand, instead of proceeding with the extreme measure of preventive detention" The Court further clarified that the matter would have been beyond the province of judicial review interdiction, if the detaining authority had come to the conclusion after considering these aspects of the feasibility and viability of the option of bail cancellation.

History of this topic

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