Pradeep V vs State Of Kerala

A.Muhamed Mustaque, J .

This writ petition was filed by the brother of the detenu challenging the order of detention. The detention order was passed on 23.12.2023. The petitioner raised two grounds to challenge the order. One is that the delay in passing the detention order and the second ground is that the earlier detention order was passed before 31.12.2014 and therefore, second detention order cannot be passed imposing maximum period of detention of one year as amendment came only on force with effect from 31.12.2014.

Admittedly, an earlier detention order was passed before 31.12.2014. The amendment prescribing maximum period of detention came into only with effect from 31.12.2014. That be the case, the continuation of the detention beyond six months will have to be declared as illegal. The detenu is undergoing detention from 31.12.2023. Therefore, we order the detenu to be released  on  30.06.2024  on  completion  of  six  months detention period.

This W.P.(Crl.) is disposed of as above.