[KAAPA] Look Out Notice Cannot Be Challenged Without Challenging The Detention Order: Kerala High Court

The Kerala High Court recently held that a look out notice under the Kerala Anti-Social Activities Prevention Act, 2007 cannot be challenged without a challenge to the detention order

“We note that a look out notice is a part of consequential proceedings. It cannot be subject to challenge” observed Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen.

A look out notice was issued against the petitioner under the Kerala Anti-Social Activities Prevention Act, 2007. The petitioner approached the High Court challenging the notice without challenging the detention order.

The detention order under KAAPA is served at the time of execution of the order, with Section 7(1) stating that the officer conducting the arrest shall read out the detention order and provide a copy to the person being arrested.

Section 7. Grounds of order of detention to be disclosed.-(1) When a person is arrested in pursuance of a detention order, the officer arresting him shall read out the detention order to him and give him a copy of such order.

The bench noted that as per Section 7, the detention order will only be provided at the time of arrest. Accordingly, court concluded that a writ of certiorari is not maintainable without there being a challenge to the detention order.

Counsel for Petitioner: Advocates M Anuroop, Murshi Ali M and Abraham Raju Cyriac

Counsel for Respondent: Advocate KA Anas (Public Prosecutor), Additional Director General of Prosecution (AG 11) and Additional State Public Prosecutor (AG 28)

Case Citation: 2024 LiveLaw (Ker) 180

Case Title: Navas PK v. State of Kerala and ors.

Case Number: WP (Crl) No. 208 of 2024

Click here to read/download the order