Kerala High Court
Shyni vs State Of Kerala on 8 July, 2025
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
WP(Crl.) No. 395 of 2025 1 2025:KER:49799
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
WP(CRL.) NO. 395 OF 2025
PETITIONER:
SHYNI
AGED 41 YEARS
W/O MANI @ ANIL, AGED 41 YEARS, MANNIL VEETIIL,
GANDHIKUNNU KANNATTIPADI,
MALAPPURAM DISTRICT, PIN - 676304
BY ADVS.
SHRI.SREEJITH S.NAIR
SHRI.REMIL REGI GEORGE
SHRI.RAJESH BHASKARA KURUP
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY, DEPARTMENT
OF HOME AFFAIRS, THIRUVANANTHAPURAM, PIN - 695001
2 ADVISORY BOARD
KERALA ANTI SOCIAL ACTIVITIES (PREVENTION) ACT, PADAM
ROAD, ELAMAKKARA.P.O, ERNAKULAM, KOCHI, REPRESENTED BY
ITS SECRETARY, PIN - 682026
3 THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE
CIVIL STATION, MALAPPURAM, PIN - 676505
WP(Crl.) No. 395 of 2025 2 2025:KER:49799
4 THE SUPERINTENDENT
CENTRAL PRISON, VIYYUR, THRISSUR, PIN - 680010
5 DISTRICT POLICE CHIEF
DISTRICT POLICE OFFICE, UP HILL POST, MALAPPURAM,
PIN - 676505
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
08.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.) No. 395 of 2025 3 2025:KER:49799
JUDGMENT
Raja Vijayaraghavan V, J.
The husband of the petitioner herein, Sri. Mani @ Anil ('the detenu' for the sake of brevity), has been detained under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 ('KAA(P) Act' for the sake of brevity) on the strength of Ext. P3 order.
2. The said order was passed based on a proposal dated 09.01.2025, submitted by the 5th respondent before the 3rd respondent. This was followed by two additional reports dated 09.01.2025 and 20.02.2025. The detention order has been issued by classifying the detenu as a 'known-goonda' as defined under Section 2(o)(ii) of the KAA(P) Act. To classify the detenu as a 'known goonda', the respondents have relied on seven crimes. The details of the crimes in which the detenu is allegedly involved are the following:
Sl. Crime No. Police Station Sections involved Status of case No. 1 548/2023 Vengara 20(b)(ii)(A) of the Narcotic Drug Convicted by JFCM Court, Malappuram and Psychotropic Substances Act, 1985 2 217/2019 Vengara 341, 323 and 506(1) of the IPC Pending Trial 3 18/2020 Vengara 447, 294(b), 506 of the IPC Pending Trial 4 287/2022 Vengara 20(b)(ii)(B), 29(1) of the Narcotic Pending Trial Drug and Psychotropic Substances Act, 1985 WP(Crl.) No. 395 of 2025 4 2025:KER:49799 5 219/2024 Thirurangadi 15(4) of the KAAP Act and Section Pending Trial 20(B)(ii) A of the Narcotic Drug & Psychotropic Substances Act, 1985 6 90/2024 Parappanangaadi E22(B), 29 and 25 of the Narcotic Pending Investigatio Range Drug and Psychotropic Substances Act, 1985 7 29/2023 Vengara 117e of the Kerala Police Act. Convicted by JFCM Court, Malappuram
3. The learned counsel appearing for the petitioner submitted that the detention of the detenu is legally unsustainable, as the offences in which the detenu is allegedly involved are minor in nature. These offences, it is contended, may at best be considered prejudicial to law and order, but do not rise to the level of acts that disturb public order, which is a prerequisite for invoking preventive detention. It is further submitted that owing to the long time lag between the last prejudicial act and the order of detention, the live link will get snapped. It is further submitted that an earlier externment order had been issued against the detenu, and he was complying strictly with the directions contained therein. However, based on an allegation of violation of the said order, Crime No. 219 of 2024 was registered against the detenu by the Thirurangadi Police Station. It is pointed out that the detenu has been granted bail in all the pending cases imposing stringent conditions. Such conditions would have been sufficient to prevent the detenu from committing further prejudicial activities.
WP(Crl.) No. 395 of 2025 5 2025:KER:49799
4. The learned Public Prosecutor vehemently opposed the submissions
made on behalf of the petitioner. He submitted that in one of the cases involving possession of a small quantity of narcotic drugs, the detenu had voluntarily pleaded guilty. He emphasized that, for the purpose of classifying a person as a 'known goonda' under the relevant statutory provisions, a conviction in even a single case is sufficient. The contention that the offences committed by the detenu are minor and therefore cannot justify preventive detention is untenable. On the contrary, the detenu is involved in at least three cases relating to the trafficking of narcotic substances. This pattern of repeated involvement in drug-related offences, clearly demonstrates a tendency that threatens public order, and warrants preventive action to forestall further harm to society. Despite the imposition of stringent bail conditions and the passing of the earlier order of externment, the detenu has persisted with his activities, leaving the respondents with no other option to initiate proceedings under the KAA(P) Act.
5. We have considered the submissions advanced and have perused the records.
6. The first question is whether the classification of the detenu as a "known goonda" is in order. Based on a proposal dated 09.01.2024, submitted by the Superintendent of Police, Malappuram, the detention order was passed on 26.02.2025. A perusal of the order would reveal that the detenu got himself involved in seven criminal cases, within a period of 7 years, immediately preceding the WP(Crl.) No. 395 of 2025 6 2025:KER:49799 detention order. In Crime No. 548 of 2023, and in Crime No. 29 of 2023 the detenu suffered a conviction. Crime No. 217 of 2019, Crime No. 18 of 2020, Crime No. 287 of 2022, Crime No. 219 of 2024 were pending trial, and Crime No. 90 of 2024 was pending investigation.
7. The last prejudicial act was committed on 09.11.2024. Though the said crime was under investigation, all the records in connection with the crime were forwarded to the detaining authority by the sponsoring authority, showing the prominent role of the detenu in the aforesaid crime. In view of the law laid down in Stenny Aleyamma Saju v. State of Kerala and Ors1, the filing of a final report under Section 173 (2) of the Cr.P.C is not a prerequisite to invoke the power under Section 3 of the KAA(P) Act. The crimes in which the detenu is involved are sufficient and enough to classify the detenu as a "known goonda". It cannot be said, therefore, that the objective satisfaction has not been correctly arrived at.
8. The next contention advanced by the learned counsel is that there is no proximate or live link with any recent criminal activity. We find that the last prejudicial activity was committed on 09.11.2024, and the detenu was arrested on the same day. He was released on bail on 12.12.2025. The report of sponsorship was submitted before the detaining authority on 09.01.2025, and additional reports were submitted on 20.02.2025, consequent to which the detention order was passed on 26.02.2025. It has been held time and again by the Apex Court that the question 1 [2017 (3) KHC 517] WP(Crl.) No. 395 of 2025 7 2025:KER:49799 whether the prejudicial activities of a person necessitating to pass an order of detention is proximate to the time when the order is made or the live link between the prejudicial activities and the purpose of detention is snapped depends on the facts and circumstances of each case. No hard and fast rule can be precisely formulated that would be applicable under all circumstances, and no exhaustive guidelines can be laid down on that behalf. It follows that the test of proximity is not a rigid or mechanical test by merely counting the number of months between the offending acts and the order of detention. Only when there is an undue and long delay between the prejudicial activities and the passing of the detention order, the court has to scrutinize whether the detaining authority has satisfactorily examined such a delay and afforded a tenable and reasonable explanation as to why such a delay has occasioned when called upon to answer and further the court has to investigate whether the causal connection has been broken in the circumstances of each case. Having considered the sequence of events and the facts and circumstances, the delay in passing the order cannot be said to be inordinate so as to snap the live link between the last prejudicial activity and the detention order.
9. The next contention is that the detaining authority failed to consider whether alternative measures like the initiation of proceedings under Section 107 of the Cr.P.C. were sufficient to curb the activities of the detenu. We find that in the case of the detenu, proceedings under Section 107 of the Cr. P.C. were initiated before the SDM Court, Tirur as M.C. No. 399 of 2022. The detenu appeared before WP(Crl.) No. 395 of 2025 8 2025:KER:49799 the SDM Court and executed a bond on 03.08.2023. It is thereafter that he got involved in Crime No. 219 of 2024 and Crime No. 90 of 2024, the latter being one under the Narcotic Drugs and Psychotropic Substances Act, 1985, and involving commercial quantity of drugs. Thus, it is plainly clear that such proceedings did not deter the detenu from involving himself in serious drug-related crimes. In Sameena Beevi v. State of Kerala2, it was held that insofar as Section 110 of the Cr.P.C is concerned, the provisions therein are essentially intended to protect the social order and tranquility and to prevent instances at the hands of habitual offenders. But if the habitual offender proceeded against under that provision is not amenable to the process which is initiated, obviously such proceedings fail and cannot be utilised as a shield against an order under KAA(P) Act.
10. The next contention advanced by the learned counsel is that the crimes alleged to have been committed by the detenu cannot be termed as those affecting "public order", and that they were only related to "law and order". We are unable to accept the said contention as it is evident from the predilection of the detenu to indulge in crimes one after the other, causing a threat to the peaceful living of the public at large.
11. In Pesala Nookaraju v. Government of Andhra Pradesh and Others3, the Apex Court, after referring to the earlier precedents including 2 [2014 (4) KLT 874] 3 [(2023) SCC OnLine SC 1003] WP(Crl.) No. 395 of 2025 9 2025:KER:49799 Dr.Ram Manohar Lohia v. State of Bihar4 and Arun Ghosh v. State of West Bengal5, held as follows:
"65. Thus, from the various decisions referred to above, it is evident that there is a very thin line between the question of law and order situation and a public order situation, and some times, the acts of a person relating to law and order situation can turn into a question of public order situation. What is decisive for determining the connection of ground of detention with the maintenance of public order, the object of detention, is not an intrinsic quality of the act but rather its latent potentiality. Therefore, for determining whether the ground of detention is relevant for the purposes of public order or not, merely an objective test based on the intrinsic quality of an act would not be a safe guide. The potentiality of the act has to be examined in the light of the surrounding circumstances, posterior and anterior for the offences under the Prohibition Act.
66. Just because four cases have been registered against the appellant detenu under the Prohibition Act, by itself, may not have any bearing on the maintenance of public order. The detenu may be punished for the offences which have been registered against him. To put it in other words, if the detention is on the ground that the detenu is indulging in manufacture or transport or sale of liquor then that by itself would not become an activity prejudicial to the maintenance of public order because the same can be effectively dealt with under the provisions of the Prohibition Act but if the liquor sold by the detenu is dangerous to public health then under the Act, 1986, it becomes an activity prejudicial to the maintenance of public order, therefore, it becomes necessary for the detaining authority to be satisfied on material available to it that the liquor dealt with by the detenu is liquor which is dangerous to public health to attract the provisions of the 1986 Act and if the detaining authority is satisfied that such material exists either in the form of report of the Chemical Examiner or otherwise, copy of such material 4 [(1966) 1 SCR 709] 5 [(1970) 1 SCC 98] WP(Crl.) No. 395 of 2025 10 2025:KER:49799 should also be given to the detenu to afford him an opportunity to make an effective representation.
xxxx xxxxx xxxxx
73. In the case on hand, the detaining authority has specifically stated in the grounds of detention that selling liquor by the appellant detenu and the consumption by the people of that locality was harmful to their health. Such statement is an expression of his subjective satisfaction that the activities of the detenu appellant is prejudicial to the maintenance of public order. Not only that, the detaining authority has also recorded his satisfaction that it is necessary to prevent the detenu appellant from indulging further in such activities and this satisfaction has been drawn on the basis of the credible material on record. It is also well settled that whether the material was sufficient or not is not for the Courts to decide by applying the objective basis as it is matter of subjective satisfaction of the detaining authority."
12. Thus, the true distinction between the areas of "public order" and "law and order" lies not in the nature of quality of the act, but in the degree and extent of its reach upon society. The distinction between the concepts of "law and order" and "public order" is a fine one, but this does not mean that there can be no overlapping. Acts similar in nature but committed in different contexts and circumstances might cause different reactions. As far as the present case is concerned, the prejudicial activities of the detenu leading to public disorder as revealed in the grounds of detention, consist of a consistent course of criminal conduct. The involvement of the detenu in drug-related offences even after executing a bond and while on bail in similar offences establishes the acts of the detenu as one affecting public order, and not a mere law and order issue. When WP(Crl.) No. 395 of 2025 11 2025:KER:49799 viewed from the above perspective, it is not possible to say that the prejudicial activities attributed to the detenu were mere law and order issues. For the above reason, we are not inclined to accept the argument advanced by the learned counsel for the petitioner upon the above lines.
13. It is well settled that subjective satisfaction entertained by the detaining authority is not justiciable. This Court does not sit in appeal in proceedings under Article 226 of the Constitution of India over the decisions taken by the detaining authority on the basis of the materials placed before the detaining authority as to whether preventive detention is necessary or warranted. The short area of jurisdiction is to ascertain whether subjective satisfaction is entertained properly on the basis of materials placed before the detaining authority. If the entertainment of the latter subjective satisfaction is vitiated by mala fides or by total absence of materials or by reference to and reliance on materials which cannot legally be taken note of, certainly the powers of judicial review vested in this Court can be invoked and the order of detention on the basis of such alleged subjective satisfaction can be set aside. But, certainly, if there are materials, it is not open to this Court to sit in appeal over the subjective satisfaction entertained by the detaining authority. (See: Ibrahim Bachu Bafan and Another v. State of Gujarat and Another6).
6
[AIR 1985 SC 697]
WP(Crl.) No. 395 of 2025 12 2025:KER:49799
14. From a perusal of the records, we are satisfied that all the necessary
requirements before passing an order under Section 3(1) of KAA(P) Act have been scrupulously complied with in this case. The competent authority passed the detention order after thoroughly verifying all the materials placed by the sponsoring authority and after arriving at the requisite objective, as well as subjective satisfaction. Therefore, it cannot be said that the order passed under Section 3(1) of the KAA(P) Act is vitiated in any manner.
In view of the discussion above, we hold that the petitioner has not made out any case for interference.
Resultantly, this Writ Petition stands dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
Sd/-
K.V. JAYAKUMAR,
msp JUDGE
WP(Crl.) No. 395 of 2025 13 2025:KER:49799
APPENDIX OF WP(CRL.) 395/2025
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE SAID REPORT BEARING NO.
01/SB-KAAPA/2025 DATED 09.01.2025
Exhibit P2 A COPY OF THE SAID CONTINUATION REPORT
BEARING NO. G1(A)/01/KAAPA/2025/MM DATED
20.02.2025
Exhibit P3 A COPY OF THE SAID ORDER BEARING NO.
DCMPM/10541/2023-S1 DATED 26.02.2025
Exhibit P4 A COPY OF THE NOTICE DATED 28.02.2025 ISSUED
TO THE PETITIONER