Kerala High Court
Ayishabi Thcharakkunnummal vs State Of Kerala on 31 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 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(CRL.) NO. 472 OF 2024
PETITIONER :-
AYISHABI THCHARAKKUNNUMMAL, AGED 50 YEARS
W/O SIRAJUDHEEN, KADUMODIYIL HOUSE, PATTISSERY,
NELLAYA, PALAKKAD, PIN - 679335
BY ADV M.H.HANIS
RESPONDENTS :-
1 STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, HOME AND VIGILANCE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001
2 THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE
PALAKKAD DISTRICT, PIN - 678001
3 THE DISTRICT POLICE CHIEF
PALAKKAD DISTRICT, PIN - 678001
4 THE CHAIRMAN
ADVISORY BOARD, KAAPA, SREENIVAS, PADAM ROAD,
VIVEKANANDA NAGAR, ELAMAKKARA, PIN - 682026
5 THE SUPERINTENDENT OF JAIL
CENTRAL JAIL, VIYYUR, PIN - 670004
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
ADDL. STATE PUBLIC PROSECUTOR(AG-28)
SRI.K.A.ANAS, PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 472 OF 2024
2
JUDGMENT
A.MUHAMED MUSTAQUE, J
The petitioner is the mother of the detenu. The detenu is 23
years old. He has been detained under the provisions of the Kerala
Anti-Social Activities (Prevention) Act, 2007. He is involved in 6
crimes. They are Crime Nos.161/2022, 743/2023 and 344/2023 of
Cherpulassery Police Station, Crime No.405/2023 of Puthucadu
Police Station, Crime No.750/2023 of Manjeri Police Station, Crime
No.1051/2022 of Ollur Police Station..
2. The last prejudicial activity was on 13.10.2023. The
detenu was arrested on 04.01.2024 and he was ordered to be
released on bail on 09.04.2024. The detention order was passed on
30.03.2024.The detention order was executed on 05.04.2024.
3. The learned counsel for the petitioner would submit that
there is a considerable delay in passing the detention order. The
total delay is 5 months and 16 days. It is submitted that absolutely
no reason was assigned in the impugned order as the reason for
the delay.
4. The learned Public Prosecutor submitted that reasons
are assigned and it was due to administrative exigencies,
WP(CRL.) NO. 472 OF 2024
Sponsoring Authority could not file a report within time.
5. It is to be noted that some of the cases are under
investigation. We also note the reason assigned for the delay, it is
stated that due to large number of applications were received in
relation to Nava Kerala Sabha, the Police could not submit report
within time. It is to be noted that administrative exigencies of the
department not related to the collection of reports related to the
person to be detained, cannot be an excuse for passing an order at
a belated stage. There must be a link between last prejudicial
activity and date on which the detention order is passed. The
purpose of detention order is to prevent commission of offence, if it
is found that the person against whom the detention order is
passed has a proclivity or tendency to repeat the commission of
such offences. There should be a prompt action on the part of
Sponsoring Authority to report such matter before the Detention
Authority.
6. In this matter, we are of the view that there is a
considerable delay between the last prejudicial activity and the
date of submission of the report. Accordingly, we find the live-link
between the last prejudicial activity and the detention order has
WP(CRL.) NO. 472 OF 2024
been snapped.
Thus, we are of the view that this is a fit case where the
impugned order has to be set aside and we direct the prison
authorities to release the detenu forthwith, if his custody is not
otherwise required under law.
This writ petition is disposed of accordingly.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
S.MANU
JUDGE
SMA
WP(CRL.) NO. 472 OF 2024
APPENDIX OF WP(CRL.) 472/2024
PETITIONER EXHIBITS :-
Exhibit -P1 A TRUE COPY OF ORDER NO.
DCPKD/14444/2023-S1 DATED 30.03.2024 OF
THE 2ND RESPONDENT
