Kerala High Court
Shafeek @ Chittar Shafeek vs State Of Kerala on 29 July, 2025
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
2025:KER:55617
WP (Crl.) No. 532 of 2025 1
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 29TH DAY OF JULY 2025 / 7TH SRAVANA, 1947
WP(CRL.) NO. 532 OF 2025
PETITIONER:
SHAFEEK @ CHITTAR SHAFEEK
AGED 36 YEARS
S/O. LATE NASARUDHEN, NAAS COTTAGE, CHITTAR,
ANAPPARA DESOM, VITHURA VILLAGE, THIRUVANANTHAPURAM,
PIN - 695551
BY ADVS.
SRI.V.A.VINOD
SHRI.SUHAIL M.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 ADVISORY BOARD UNDER THE K.A.A.P.A ACT
REPRESENTED BY THE CHAIRMAN K.A.A.P.A, SRINIVAS,
VIVEKANANDA NAGAR, PADAM ROAD, ELAMAKKARA P.O.,
ERNAKULAM, PIN - 682026
2025:KER:55617
WP (Crl.) No. 532 of 2025 2
3 THE DEPUTY INSPECTOR GENERAL OF POLICE
RANGE OFFICE, THIRUVANANTHAPURAM, PIN - 695001
4 DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF, THIRUVANATHAPURAM
RURAL, THIRUVANANTHAPURAM, PIN - 695033
SRI. K.A. ANAS, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR FINAL
HEARING ON 29.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:55617
WP (Crl.) No. 532 of 2025 3
JUDGMENT
Raja Vijayaraghavan V, J.
The above captioned Writ Petition is filed under Article 226 of the
Constitution of India, challenging Ext.P1 order or externment, passed by the 3rd
respondent, in exercise of powers under Section 15(1) of the Kerala Anti-Social
Activities (Prevention) Act, 2007 (hereinafter referred to as the "KAA(P) Act" for
brevity), interdicting the petitioner from entering into the jurisdictional limits of
Thiruvananthapuram District for a period of one year from the date of execution
of the order. The Advisory Board, before which the matter was taken up, reduced
the period to six months by Ext.P3 order. The said order is also under challenge in
this Writ Petition.
2. We find that for passing the order of externment, the externee has
been classified as a "known rowdy", on account of his alleged involvement in as
many as eight crimes. The details of the crimes are as under:.
a) Crime No. 249 of 2018 of Vithura Police Station registered under
Sections 20(b) II A of the NDPS Act and 77 of the Juvenile Justice
Act;
b) Crime No. 151 of 2019 of Vithura Police Station registered under
Sections 341, 294(b), 324, 308 of the IPC;
2025:KER:55617
c) Crime No. 238 of 2020 of Vattiyoorkavu Police Station registered
under Sections 323, 324, 326, 506(ii), 397 of the IPC;
d) Crime No. 743 of 2020 of Vattappara Police Station registered under
Sections 8(1)(2), 55(g) of the Abkari Act and Section 34 IPC.
e) Crime No. 217 of 2024 of Vithura Police Station registered under
Sections 294(b), 506(ii), 323, 427, 452, 34 of IPC and Section
9B(1)(b) of the Explosive Act, 1884;
f) Crime No. 339 of 2024 of Vithura Police Station registered under
Sections 294(b), 323 of the IPC; f) Crime No. 759 of 2024 of
Vithura Police Station registered under Sections 296(b), 118(1),
351(3), 109(1) of the BNS;
g) Crime No. 407 of 2024 of Vithura Police Station registered under
Section 286 of the IPC, Section 9B(1)(a) & Section 9B(1)(b) of the
Explosive Act, 1884, Section 4, 5 of Explosive Substances Act, 1908
and Section 27 of Arms Act, 1878.
h) Crime No. 759 of 2024 of Vithura Police Station registered under
Sections 296(b), 118(1), 351(3), 109(1) of the Bharatiya Nyaya
Sanhita, 2023
3. Sri. V.A. Vinod, the learned counsel appearing for the petitioner,
submitted that though the last prejudicial act was on 12.09.2024, the report
seeking initiation of proceedings under the KAA(P) Act was submitted only on
27.11.2024, after a lapse of about 2½ months. It was thereafter that a notice was
issued, and finally, the order of externment was passed on 20.02.2025. It is
submitted by the learned counsel that there is a delay of about five months in
2025:KER:55617
passing the order, thereby snapping the live link. It is further submitted that
proceedings under Section 107 of the Cr.P.C. have also been initiated against the
externee. However, there is absolutely no mention that the said proceedings were
not sufficient to deter the externee from carrying out further prejudicial activities.
He would point out that during the period of five months from the last prejudicial
act to the externment order, the externee had maintained a clean record, and this
aspect of the matter was not reckoned by the authority. The learned counsel
would further submit that the mother of the externee is suffering from cancer,
and it was taking note of the above fact that the learned Sessions Judge has
passed Ext.P5 order, modifying the condition imposed, to enable the petitioner to
be with his mother.
4. The contention of the learned counsel is vehemently opposed by the
learned Public Prosecutor. It is submitted that in view of the law laid down in
Stalin C.V v. State of Kerala & Others1, the delay cannot be said to be
inordinate, as the principles of natural justice are also required to be complied
with.
5. We have carefully considered the submissions advanced and have
gone through the records.
[2011 (1) KHC 852]
2025:KER:55617
6. It appears that the order of externment was passed, interdicting the
petitioner from entering into the jurisdictional limits of Thiruvananthapuram
District for a period of one year. The said order was interfered with by the
Advisory Board, and the period was reduced to six months. We find that the
externee has already kept himself away from the Thiruvananthapuram District for
a period of five months. Out of the eight crimes reckoned against the externee,
Crime No. 151 of 2019, Crime No. 238 of 2020, Crime No. 249 of 2018 and Crime
No. 740 of 2020 were all committed prior to the year 2020. Having considered the
entire facts, we agree with the view taken by the Advisory Board that ordering the
petitioner to keep away from Thiruvananthapuram Revenue District for a period of
six months would have served the purpose of passing the order of externment.
7. We find that the learned Sessions Judge, while modifying the
conditions imposed at the time of the grant of bail, by passing Ext.P5 order, had
taken note of the fact that the mother of the petitioner is a cancer patient and the
presence of the petitioner is essential for her day-to-day routine. A Division Bench
of this Court in Dinchu Mohanan v. State of Kerala2 has held that the court is
empowered to annul, amend, or confirm the order of externment passed under
Section 15(1) of the KAA(P) Act. As the petitioner has been keeping away from
Thiruvananthapuram District for a period of five months, we are of the view that
the period of externment can be limited to such period, for the balance period of
[2015 (2) KHC 101]
2025:KER:55617
one month, as ordered by the Advisory Board, the petitioner can be directed to
appear before the Station House Officer, Vithura Police Station, on all Saturdays
between 10:00 a.m. and 11:00 a.m.
8. In view of the discussion above, this Writ Petition is ordered, and the
following directions are issued:
Ext.P1 order, as modified by Ext.P3 order, is limited to 20.07.2025. However,
for the further period of one month from 20.07.2025, the petitioner shall appear
before the Station House Officer, Vithura Police Station, on all Saturdays between
10:00 a.m. and 11:00 a.m.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
Sd/-
K.V. JAYAKUMAR,
JUDGE
2025:KER:55617
APPENDIX OF WP(CRL.) 532/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE ORDER SERVED ON THE
PETITIONER DATED 20.02.2025 PASSED BY THE 3RD
RESPONDENT DEPUTY INSPECTOR GENERAL OF POLICE
Exhibit P-2 TRUE COPY OF THE REPRESENTATION DATED
07.03.2025 FILED BEFORE THE 2ND RESPONDENT
BOARD
Exhibit P-3 TRUE COPY OF ORDER DATED 27.03.2025 IN O.P
NO. 58 OF 2025 OF THE K.A.A.P.A. ADVISORY
BOARD
Exhibit P-4 TRUE COPY OF THE ORDER IN CRL M.C NO
2988/2024 DATED 25.10.2024 OF HON'BLE
SESSIONS COURT, THIRUVANANTHAPURAM
Exhibit P-5 TRUE COPY OF THE ORDER IN CRL M.P NO
6371/2024 DATED 18.12.2024 OF HON'BLE
SESSIONS COURT, THIRUVANANTHAPURAM
