KAAPA | Delay In Initiating Proceedings Doesn't Invalidate Restraint Order If Nexus To Anti-Social Activity Not Severed: Kerala High Court
1 year, 8 months ago

KAAPA | Delay In Initiating Proceedings Doesn't Invalidate Restraint Order If Nexus To Anti-Social Activity Not Severed: Kerala High Court

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The Kerala High Court recently held that a delay in initiating proceedings under Section 15 of the Kerala Anti-Social Activities Act, 2007 does not always severe the live link between prejudicial activity and the initiation of legal action.Section 15 of the Act deals with the power to make orders restricting the movements of certain persons.Placing reliance on Stalin CV. The Kerala High Court recently held that a delay in initiating proceedings under Section 15 of the Kerala Anti-Social Activities Act, 2007 does not always severe the live link between prejudicial activity and the initiation of legal action. The conduct on the part of the petitioner in getting himself involved in another prejudicial activity immediately after serving the impugned order fortifies the subjective satisfaction rendered by the competent authority in this regard." Thus, it was observed that the passage of time here did not give rise to a total absence of any nexus, and added that the conduct on the part of the petitioner in getting himself involved in another prejudicial activity immediately after serving the impugned order fortifies the subjective satisfaction rendered by the competent authority in this regard.

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