Kerala High Court
Sheeja vs State Of Kerala on 5 April, 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 M.A.ABDUL HAKHIM
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(CRL.) NO. 318 OF 2024
PETITIONER/S:
SHEEJA
AGED 49 YEARS
W/O LATE JAYAN, PONNUPARAMBIL HOUSE, MANATHALA, CHAVAKKAD,
THRISSUR DISTRICT, PIN - 680506
BY ADVS.
P.MOHAMED SABAH
LIBIN STANLEY
SAIPOOJA
SADIK ISMAYIL
R.GAYATHRI
M.MAHIN HAMZA
ALWIN JOSEPH
RAYEES P.
BENSON AMBROSE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT OF
KERALA (HOME DEPARTMENT), SECRETARIAT, THIRUVANANTHAPURAM, PIN
- 695001
2 THE DISTRICT MAGISTRATE
THRISSUR DISTRICT, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN -
680003
3 THE DISTRICT POLICE CHIEF
THRISSUR CITY, THRISSUR DISTRICT, PIN - 680003
4 THE SUPERINTENDENT
CENTRAL PRISON, KANNUR, KANNUR DISTRICT, PIN - 670005
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
ADDL. STATE PUBLIC PROSECUTOR(AG-28)
SRI.K.A.ANAS P.P.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl)No.318/2024 2
JUDGMENT
A.MUHAMED MUSTAQUE, J.
The petitioner is the mother of the detenu namely
Sri.Nijith P. The detenu is detained under the Kerala Anti-
Social Activities (Prevention) Act, 2007 (for short, 'KAAPA').
While passing the detention order, the following crimes were
considered:
(1) Crime No.859/2023 of the Vadakkekad Police Station, Thrissur City.
(2) Crime No.232/2023 of the Chavakkad Police Station, Thrissur City.
(3) Crime No.602/2022 of the Guruvayoor Police Station, Thrissur City.
(4) Crime No.601/2022 of the Guruvayoor Police Station, Thrissur City.
(5) Crime No.1158/2021 of the Guruvayoor Police Station, Thrissur City.
2. We see that three crimes, out of five crimes, were
registered by the Guruvayur Police Station and one by
Chavakkad Police and other by Vadakkekkad Police Station.
His last prejudicial activity was on 27.08.2023. However the
sponsoring authority submitted the report only on 18.11.2023.
Absolutely there is no justification for the delay in submitting
the report. It is to be noted that in the last crime the detenu
was released on bail on 27.11.2023. The judicial custody of
such detenu cannot be an excuse in not submitting the report
promptly. It is for the detention authority to consider after
taking note of the judicial custody whether a detention order
has to be passed or not. The detention order in this case is
ultimately passed on 04.01.2024. It seems that, in between, a
subsequent report was also obtained from the sponsoring
authority. We find the live link in this case is snapped between
the last prejudicial activity and the date of detention order.
The sponsoring authority is not prompt enough in submitting
the report immediately after the last prejudicial activity. We
cannot hold that there is a live link subsist to pass a detention
order.
Accordingly, the detention order is set aside. The detenu
is ordered to be released forthwith provided that if his
detention is not otherwise required under law.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
M.A.ABDUL HAKHIM
JUDGE
shg/-
APPENDIX OF WP(CRL.) 318/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REPORT DATED 18.11.2023 SUBMITTED BY
THE RESPONDENT NO.3 BEFORE THE RESPONDENT NO.2
EXHIBIT P2 TRUE COPY OF THE DETENTION ORDER DATED 04.01.2024
PASSED BY THE RESPONDENT NO.2
EXHIBIT P3 TRUE COPY OF THE REASONS RECORDED FOR PASSING EXHIBIT
P2 DETENTION ORDER DATED 04.01.2024
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 06.03.2024 PASSED BY
RESPONDENT NO.1
EXHIBIT P5 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.
859/2023 OF VADAKKEKKAD POLICE STATION
EXHIBIT P6 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.
232/2023 OF CHAVAKKAD POLICE STATION
EXHIBIT P7 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.
602/2022 OF GURUVAYOOR POLICE STATION
EXHIBIT P8 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.
601/2022 OF GURUVAYOOR POLICE STATION
EXHIBIT P9 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME
NO.1158/2021 OF GURUVAYOOR POLICE STATION
