A Division Bench of the Kerala High Court has observed that proceedings under Kerala Anti-Social Activities (Prevention) (KAAPA) Act can be initiated against an accused who is absconding.
The court made the observation while recently allowing a petition challenging the detention of an accused by his wife, under the KAAPA.
The court observed that when the accused is neither apprehended nor in custody there is no legal impediment in initiating proceedings under KAAPA against an accused who had absconded after the last prejudicial activity. The Malappuram District Police Chief should have been more vigilant to take quick actions to initiate proceedings under KAAP Act especially when the accused is qualified to be booked under the Act.
The petition contended that there is inordinate delay in mooting the proposal as well as in passing the detention order after the last prejudicial activity. The delay will get the live link between the last prejudicial activity and the purpose of detention snapped.
The court further observed that it cannot be ignored that a detention order under Section 3(1) of KAAPA has a significant impact on the personal as well as fundamental rights of an individual. When there is undue delay in making the proposal and passing the detention order, the same would undermine its validity particularly when no convincing or plausible explanation is offered for the delay.
Published - May 04, 2025 06:37 pm IST
