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Kerala High Court
Hussain vs State Of Kerala on 24 May, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(CRL.) NO. 504 OF 2024
PETITIONER/S:
HUSSAIN
AGED 49 YEARS
S/O.UMMER KUTTY, KAVIL THEKKETHIL HOUSE,
ZERO LAND COLONY, VALANJAVATTOM, PULIKEEZHU P.O,
KADAPPRA VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689110
BY ADVS.
AJITH MURALI
SWAPNA VIJAYAN
MOHANAN M.K.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANATHAPURAM,
PIN - 695001
2 THE ADDITIONAL CHIEF SECRETARY
HOME DEPARTMENT , GOVERNMENT SECRETARIAT,
THIRUVANATHAPURAM,
PIN - 695001
3 THE DISTRICT COLLECTOR
PATHANAMTHITTA DISTRICT,
PIN - 689645
4 THE STATE POLICE CHIEF
POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM,
PIN - 695001
5 THE DISTRICT POLICE CHIEF
PATHANAMTHITTA., PIN - 689645
6 THE DEPUTY SUPERINTENDENT OF POLICE
THIRUVALLA, PATHANAMTHITTA,
PIN - 689101
WP(Crl.)No.504 of 2024
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7 THE STATION HOUSE OFFICER
THIRUVALLA , PATHANAMTHITTA DISTRICT,
PIN - 689101
8 THE SUPERINTENDENT
CENTRAL PRISON, POOJAPURA,
THIRUVANATHAPURAM DISTRICT,
PIN - 695012
BY SRI.K.A.ANAS, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 24.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(Crl.)No.504 of 2024
3
JUDGMENT
S.Manu, J.
The petitioner has approached this Court aggrieved by the detention of his son Anvar Hussain pursuant to Ext.P1 order. The detenu has been detained invoking the provisions of the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA). The detention order was issued on 02.04.2024 and the detenu has been detained from the date of order.
2. The learned counsel for the petitioner submits that the last prejudicial activity attributed against the detenu was on 02.11.2023 and the order of detention was issued on 02.04.2024. The precise contention raised is that there is unreasonable delay between the last prejudicial activity and the date of detention. Therefore, the submission is that the delay has resulted in snapping the live-link between the prejudicial activity and the decision to invoke the provisions of the KAAPA against the detenu is bad.
WP(Crl.)No.504 of 20244
3. We have heard the learned counsel for the petitioner and also the learned Public Prosecutor appearing for the respondents. We have also perused Ext.P1 order which is under challenge in this writ petition.
4. We do not find any reason given in the impugned order for the time gap of about 5 months between the last prejudicial activity and the issuance of the order of detention. No argument has been advanced to justify the same. Therefore, we find merit in the contention raised by the petitioner. We hence set aside Ext.P1 order. The detenu shall be released forthwith, if his custody is not required in any other proceedings. The order shall be communicated immediately to the Superintendent of the Central Prison concerned.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/-
S.MANU, JUDGE rkj WP(Crl.)No.504 of 2024 5 APPENDIX OF WP(CRL.) 504/2024 PETITIONER EXHIBITS Exhibit-P1 THE TRUE COPY OF THE DETENTION ORDER NO.DCPTA /1108/2024-B3 DATED 02.04.2024 ISSUED BY THE 3RD RESPONDENT AGAINST THE DETENUE.