Hussain vs State Of Kerala
2024 Latest Caselaw 13462 Ker

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
                                           2

        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.

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

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.