Petitioner challenged police summoning alleging harassment after release from detention under the Kerala Anti-social Activities Prevention Act, 2007. Court upheld police surveillance power.
No order as to costs.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 14TH DAY OF JUNE 2019 / 24TH JYAISHTA, 1941
WP(C).No.11042 of 2019
PETITIONER/S:
SIBI.G.JOHN AGED 35 YEARS, S/O.JOHN, GRACE COTTAGE, AMALAGIRI, MANNANAM, ATHIRAMPUZHA VILLAGE, MUDIYOOR KARA, KOTTAYAM DISTRICT.
BY ADVS. SRI.M.NARENDRA KUMAR SRI.C.RAMAN SMT.M.J.SAJITHA
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF MINISTRY OF HOME, SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695001.
2 DISTRICT MAGISTRATE, KOTTAYAM, PIN- 686002.
OTHER PRESENT:
SR.GP. SRI.P.P.THAJUDHEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
V.G.ARUN, J.
The involvement of the petitioner in various criminal cases had led to his detention in prison under Section 3 (1) of the Kerala Anti-social Activities Prevention Act, 2007 from 27.4.2017 to 8.6.2017. According to the petitioner, after his release from prison, he has reformed and is leading a peaceful married life. It is alleged that the petitioner is now being summoned to the Gandhinagar Police Station without any valid reason and thus deliberately harassed by the police.
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petitioner's activities are being closely watched by the police from then onwards. The number and details of 12 criminal cases registered against the petitioner is narrated in the statement. It is pointed out that twice the petitioner was detained under Section 3 of the KAA(P)A. It is submitted that considering the past history of the petitioner, his activities are to be closely watched and it is essential to keep surveillance on a criminal like the petitioner, to prevent goonda activities. It is submitted that other than keeping a close watch over the petitioner's activities, petitioner is not being harassed in any manner.
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occasionally summoned to the police station as part of such surveillance, it cannot be termed as harassment. In that view of the matter, we find no merit in the allegations raised by the petitioner.
The writ petition is hence dismissed. No order as to
costs.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/JUDGE
V.G.ARUN
Scl/14.6
W.P.(C) No.11042 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE ORDER NO.DCKTM/4100/2017-H7 DATED 27.4.2017 UNDER S.3(1) OF THE KAA(P)A 2007 ISSUED THE 2ND RESPONDENT. EXHIBIT P2 THE TRUE COPY OF THE EXECUTION ORDER DATED 27.04.2017. EXHIBIT P3 THE TRUE COPY OF THE ORDER NO.HOMESSA5/42/2017-HOME DATED 10.05.2017. EXHIBIT P3 A THE TRUE COPY OF THE CERTIFICATE DATED 03.04.2019 ISSUED FROM THE OFFICE OF THE SUPERINTENDENT OF CENTRAL PRISON. EXHIBIT P4 THE TRUE COPY OF THE MEDICAL CERTIFICATE DATED 29.03.2019 ISSUED BY MANNAM MEMORIAL NSS MEDICAL MISSION HOSPITAL KARUKACHAL, KOTTAYAM. EXHIBIT P5 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER'S MOTHER DATED 07.04.2017 IN CRIME NO.415/17 BEFORE THE SP OF POLICE KOTTAYAM. EXHIBIT P6 THE TRUE COPY OF THE ORDER IN CRL.M.P.632/2017, IN THE COURT OF SESSIONS KOTTAYAM DATED 31.03.2017. EXHIBIT P7 THE TRUE COPY OF THE NOTICE DATED 3003-2019 RECEIVED BY THE PETITIONER.
1 issue framed by the court
Whether periodically summoning a petitioner with a criminal background for police surveillance constitutes harassment.
1 provisions across 1 enactments
SIBI.G.JOHN
STATE OF KERALA
DISTRICT MAGISTRATE, KOTTAYAM
CIRCLE INSPECTOR OF POLICE, GANDHI NAGAR POLICE STATION
SUB-INSPECTOR OF POLICE, GANDHI NAGAR POLICE STATION
K.VINOD CHANDRAN
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
