Plea before Supreme Court against preventive detention of law student under Kerala Anti-Social Activities Prevention Act

The mother of a 29-year-old law student detained under the Kerala Anti-Social Activities (Prevention) Act has moved the Supreme Court challenging an order of the Kerala High Court granting time to State authorities for completion of procedural formalities [Jasheela TM v State of Kerala]..The case was mentioned on Thursday before a bench comprising Chief Justice of India (CJI) UU Lalit and Justice Bela M Trivedi by the petitioner’s counsel Kuriakose Varghese who submitted that there were no reasons for the detention of the political leader and law student.“List it tomorrow,” said the CJI on hearing the lawyer..In her petition, the detenue’s mother stated that her son has been under detention for more than 110 days and the Kerala High Court in September granted authorities more time to secure the opinion and advice of the law department, along with other formalities..It was pointed out that a representation was addressed to the authorities in July seeking to revoke the detention order, but that remains pending consideration."It is a matter of concern that the impugned judgment had erred in not appreciating the inordinate, undue, deliberate and unexplained delay caused by the Respondent authorities,” the plea said..Additionally, the petitioner highlighted that the judgment of the High Court does not prescribe a time frame within which a decision is to be taken by the respondents.Despite a report of the advisory board being submitted in August, the respondents have not passed an order confirming or revoking the order of detention as required by the Act, the petition said..It emphasised that the unreasonable delay was in the teeth of the object and the procedure laid down in the Act. .Reliance was placed on the judgment in the case of Sushanta Kumar Banik v State of Tripura to underscore that preventive detention is a serious invasion of personal liberty and therefore, whatever little safeguards the Constitution and enactments detention provide assume utmost importance and must be strictly adhered to.“Because it is submitted that personal freedom and liberty is the ultimate source of all moral and spiritual values in the democratic society.”.In view of the above, the petitioner prayed that the detention order passed in June 2022 against her son be set aside and he be set at liberty without further delay.