Writ petition by mother of a detenu under a preventive detention order under the Kerala Anti-Social Activities Prevention Act challenging the maximum one-year detention. The court held one year is not mandatory and restricted the detention to eleven months, directing release on 20.02.2024.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN MONDAY, THE 19TH DAY OF FEBRUARY 2024 / 30TH MAGHA, 1945 WP(CRL.) NO. 50 OF 2024
PETITIONERS:
USHAMARY, AGED 56 YEARS, M/O ANZIL CHERAKKAROD, KUREEPUZHA P.O., PERINAD, THRIKKADAVOOR, KOLLAM., PIN – 691 601
BY ADVS. C.S.SUMESH R.B.BALACHANDRAN
RESPONDENTS:
BY ADVS. ADVOCATE GENERAL OFFICE KERALA ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11) ADDL. STATE PUBLIC PROSECUTOR(AG-28)
ADV. K.A. ANAS PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 19.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(Crl.)No.50 of 2024
J U D G M E N T
A. Muhamed Mustaque, J.
The mother of the detenu is the petitioner in this case. This is the second detention order of the detenu. The detention order was passed on 25.03.2023. He is detained since 29.03.2023. Five cases were considered for passing the detention order. All the crimes were committed within the Anchalummoodu Police Station. The following are the details of the crime.
| Sl.N | Police Station | Crime No. | Offences |
|---|---|---|---|
| o. | |||
| 1 | Anchalummoodu | 1285/2018 | 332, 34 of IPC |
| Police Station | |||
| 2 | Anchalummoodu | 93/2019 | 341, 294(b), |
| Police Station | 324, 326 & 34 | ||
| of IPC | |||
| 3 | Anchalummoodu | 95/2020 | 294(b), 341, |
| Police Station | 323, 324, 23, | ||
| 427, 506(i) & 34 | |||
| of IPC | |||
| 4 | Anchalummoodu | 206/2020 | 341, 323, 324, |
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W.P.(Crl.)No.50 of 2024
| Police Station | 308, 34 of IPC | ||
|---|---|---|---|
| 5 | Anchalummoodu | 47/2021 | 294(b), 323, |
| Police Station | 324, 326, 34, | ||
| 447 of IPC | |||
| 6 | Anchalummoodu | 790/2022 | 294(b), 323, |
| Police Station | 324, 308, 34 of | ||
| IPC |
“Maximum Period of detention. - The maximum
W.P.(Crl.)No.50 of 2024
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period for which any person may be detained in pursuance of any detention order made under this Act, which has been confirmed under section 10, shall not exceed six months from the date of detention.”
subsequent detention order, a person should be detained for a period of maximum one year. The discretion is given to the detention authority to apply its mind to give maximum period of one year. Thus, the maximum period of one year will not be an imperative. The detaining authority must apply its mind with reference to the nature of offence committed while ordering the maximum period of one year. Merely because the offence would qualify for passing the detention order, it does not mean that a person should be detained for a maximum period of one year. It all depends upon the nature of offence, circumstances etc. There should be an application of mind on the part of detaining authority. We find that the detention order is perfectly valid except to the extent of imposing the maximum period of one year.
W.P.(Crl.)No.50 of 2024
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ordered to be released on 20.02.2024 forthwith, if his detention is not otherwise required under law.
This W.P.Crl. is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
PR
W.P.(Crl.)No.50 of 2024
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APPENDIX OF WP(CRL.) 50/2024
PETITIONER EXHIBITS
Exhibit P1 THE PHOTOCOPY OF THE ORDER FOR DETENTION NUMBERED AS DCKLM/1233/2023M16 DATED 25/03/2023 ISSUED BY THE 3RD RESPONDENT . Exhibit P2 THE PHOTOCOPY OF THE ORDER G.O.(RT) NO.2027/2023/HOME DATED, 22/07/2023ISSUED BY THE 2ND RESPONDENT.
1 issue framed by the court
Whether the second detention order under the KAAPA Act imposing the maximum one-year period was sustainable.
7 provisions across 2 enactments
USHAMARY
STATE OF KERALA
THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT (HOME & VIGILANCE)
THE DISTRICT MAGISTRATE & DISTRICT COLLECTOR KOLLAM DISTRICT
THE SUPERINTENDENT OF PRISON CENTRAL PRISON, VIYYUR
A.MUHAMED MUSTAQUE
SHOBA ANNAMMA EAPEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
