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Anju Joy vs State Of Kerala on 25 August, 2023 cites

Reshma Raj vs State Of Kerala on 27 January, 2014

It was also argued that, in an unusual way, the copy of the confirmation order was addressed to the Chief Minister of the State. The case of the petitioners is that the detenue acted against the present leadership of the Communist party and that resulted in invoking proceedings under the KAA(P)A. it was also argued that there was a long delay in passing the order after the last prejudicial activity. The learned counsel for the petitioners relied on the following judgments. Reshma Raj v. State of Kerala and Others [2014 KHC 3304] Shajitha Suneer v. State of Kerala and Others [2019 (3) KHC 453] Sreeja Jayaprakash v. District Collector/District Magistrate and Others [2019 KHC 2814]
Kerala High Court Cites 11 - Cited by 2 - A Dominic - Full Document

Sreeja Jayaprakash vs The District Collector/District ... on 9 October, 2018

The balancing exercise has to be WP(CRL.) NOS. 512/2023 & 515 OF 2023 -:7:- weighed on the scale of societal interest and liberty of the detenue, and not on the scale of bail condition and the liberty of the individual detenue. A co-ordinate bench has taken a similar view in Sreeja Jayaprakash's case (supra) that the failure on the part of the detaining authority in considering bail condition is fatal. It may be fatal in taking note of the nature of the crime committed and nature of the last prejudicial activity, but it cannot be said that it is a rule. If the detaining authority had adverted to the bail granted and crime in which the detenue are involvled, that would be sufficient, provided the activity of the detenue continues to be a threat in the larger interest of the society. It is the activity of the detenue in relation to the larger public interest that had to be weighed and not the bail condition and the order of detention. We will be missing to secure the very objective of the detention law, if we analyse the detention order from the perspective of bail conditions imposed while granting bail to the detenue. Each detention order has to be considered based on the facts involved in that case and the application of precedent will have to be limited based on the facts of such cases.
Kerala High Court Cites 1 - Cited by 1 - Full Document
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