Kerala High Court Dismisses Writ Petition Challenging the Order Under Kerala Anti-Social Activities (Prevention) Act.

Headnote:

The Kerala High Court in WP(Crl.) No. 1287 of 2025 dismissed a writ petition filed by Prathyush, challenging an order passed under Section 15(1)(a) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAA(P) Act). The order interdicted the petitioner from entering Thrissur Revenue District for six months due to recurrent involvement in criminal activities. The Court held that the order was passed after proper consideration of four cases involving the petitioner and that procedural safeguards were scrupulously followed. The Court rejected the petitioner’s claim of unreasonable delay, noting that the short delay was justified since the petitioner was in custody after the last prejudicial activity. The petition was dismissed.

Background:

Prathyush, aged 26, filed a writ petition under Article 226 of the Constitution, challenging an order issued by the Deputy Inspector General of Police, Thrissur Range, on 22.05.2025. The order restricted the petitioner from entering Thrissur Revenue District for six months due to his classification as a “known rowdy” under Section 2(p)(iii) of the KAA(P) Act, following his involvement in multiple criminal cases, including Crime No. 264/2025 of Anthikkad Police Station. The petitioner contended that the order was passed without proper application of mind and with undue delay, which severed the connection between the last alleged criminal activity .

Court Opinion / Judgment:

The Court observed that the delay in initiating the proceedings was minimal and justified, as the petitioner was in jail immediately following the last prejudicial activity. The Court highlighted that externment under Section 15(1)(a) of the KAA(P) Act imposes less severe restrictions compared to detention under Section 3 of the Act. All procedural requirements were fulfilled, and the competent authority applied both objective and subjective satisfaction before passing the order. Relying on precedents, the Court concluded that the writ petition lacked merit, and the externment order could not be interfered with. The petition was dismissed.

Legal Provisions Concerned:

• Kerala Anti-Social Activities (Prevention) Act, 2007 — Section 15(1)(a)

• Article 226, Constitution of India — Writ Jurisdiction

• Reference Case: Stalin C.V. v. State of Kerala, 2011 (1) KHC 852

Case Details:

• Case Name: Prathyush v. State of Kerala & Ors.

• Court: High Court of Kerala at Ernakulam

• Case No.: WP(Crl.) No. 1287 of 2025

• Neutral Citation: 2025:KER:75320

• Coram: Dr. Justice A.K. Jayasankaran Nambiar & Justice Jobin Sebastian

• Outcome: Writ Petition Dismissed; Externment Order Upheld