Kerala High Court
Amuda R vs State Of Kerala on 6 February, 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 MRS.JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(CRL.) NO. 1304 OF 2023
PETITIONER/S:
AMUDA R., AGED 54 YEARS,
W/O.RAJADWARAI (LATE) NADUVILAPARAMBIL,
KUTTIMAKKAL ROAD, KUTTIKKATTUKARA P.O.,
ALUPURAM, UDYOGAMANDAL S.O.,
ERNAKULAM, PIN - 683501.
BY ADV.K.Y.SAJEEB
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE
ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT OF
HOME, SECRETARIATE, THIRUVANANTHAPURAM,
PIN - 695001.
2 THE DISTRICT COLLECTOR & MAGISTRATE,
ERNAKULAM, COLLECTORATE, KAKKANAD,
ERNAKULAM, PIN - 682030.
3 THE DEPUTY COMMISSIONER OF POLICE,
LAW AND ORDER, KOCHI, NEAR POLICE CLUB,
KOCHI, ERNAKULAM, PIN - 682011.
BY SENIOR GOVERNMENT PLEADER, SMT.VINITHA B.
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl.) No.1304/2023 2
JUDGMENT
A.Muhamed Mustaque, J.
The petitioner is the mother of the detenu. The
detenu is involved in several crimes. Six crimes were
taken into account for passing the detention order under
the Kerala Anti-Social Activities (Prevention) Act, 2007
(for short, KAA(P) Act). The last prejudicial activity was
on 15.06.2023. The crime was registered at Eloor Police
Station. All the crimes against the detenu were
registered at Kalamasseri, Eloor and Aluva Police
Stations within the jurisdiction of the sponsoring
authority.
2. The detention order was passed on 25.09.2023.
The sponsoring authority submitted its report only on
11.08.2023. The additional report was submitted on
12.09.2023. The sponsoring authority's report was
submitted admittedly after two months. It is after the
submission of the report by the sponsoring authority, the
additional report was sought. It was submitted on
12.09.2023. The additional report was sought for the
purpose of obtaining the details of other crimes.
3. Absolutely, there is no explanation as to the delay
involved on the part of the sponsoring authority to report
before the detention authority after the last prejudicial
activity. The sponsoring authority must be prompt to
report and initiate action under the KAA(P) Act. The
purpose of the detention order is to prevent repetition of
the commission of the offences. It cannot be used as a
penal measure to penalise a person who is involved in
crimes. If there is a delay in taking steps to initiate
action, it has to be assumed that the live link between
the last prejudicial activity and the detention order is
snapped. It is to be noted that more than three months
have lapsed to pass the detention order. Though the
detention authority has reasons for the delay in passing
the order, the sponsoring has not placed any genuine
valid reasons before the detention authority for
submitting the report after two months. In such
circumstances, the impugned order is not sustainable.
Accordingly, it is set aside. The detenu is ordered to be
released forthwith, provided, if he is not otherwise
required under law for any other case.
The original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
ln
APPENDIX OF WP(CRL.) 1304/2023
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF ORDER BEARING NUMBER
D.C.E.K.M./8404/2023/M7 DATED 25/09/2023
OF THE 2ND RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF REPORT SUBMITTED BY THE
3RD RESPONDENT SUBMITTED REPORT UNDER
THE PROVISIONS OF THE KERALA ANTI-SOCIAL
ACTIVITIES (PREVENTION ACT) 2007 BEFORE
THE 2ND RESPONDENT DATED 01/08/2023.
EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE 2ND RESPONDENT
DATED 09/10/2023.
EXHIBIT P4 THE TRUE COPY OF MEDICAL REPORT OF THE
PETITIONER'S GRANDSON DATED 21/02/2023.
EXHIBIT P5 THE TRUE COPY OF ORDER NO.G.O.(RT) NO.
3394/2023/HOME THIRUVANANTHAPURAM DATED
23/11/2023.
