KAAPA | The High Court clarifies that subsequent detention cannot exceed 6 months if the ‘first detention’ order was passed prior to the 2014 amendment

Case: Prabhulla P v. State of Kerala

Coram: Justices Muhammed Mustaque and Shoba Annamma Eapen

Case No.: WP (Crl) No. 852 of 2023

Court Observation: “Section 12 of the KAAPA would operate only prospectively in regard to the period of detention. In the sense, the first detention order must have been after 31.12.2014…”

“That cannot be taken into account for imposing maximum one year detention after 31.12.2014. There is no embargo under the law to detain such persons, who was detained prior to 31.12.2014 for a period of six months,”

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