SREEDEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER seeks a writ of Habeas Corpus commanding respondents 1 to 6 to produce the detenu before this Court, to quash Ext.P1 detention order and consequential orders pursuant to the same passed by the Government and to set the detenu at liberty. Ext.P1 is an order passed under the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as the Act). PETITIONER is the wife of the detenu.

(2.) WE heard the learned counsel for the petitioner and the learned Senior Government Pleader. Learned counsel for the petitioner would address the following submissions before us: In the first place, he would submit that Ext.P1 order of detention is dated 23.06.2010. The order of detention was, however, executed only on 22.09.2010. Therefore, he would contend that live-link has been lost. He would point out that the only contention raised by the Government to justify the delay is the change in residence. The further contention raised by him is that there is no approval under Section 3(3) of the Act within twelve days. According to him, Sundays are not public holidays within the meaning of Sub-section (3) of Section 3. He would also say that the arrest was at 6 AM on 22.9.2010 and the approval was granted beyond twelve days, at any rate. Thirdly, he would contend that Exts.P7 to P9 and P12 to P19 are the documents which are supplied to the detenu, but were not legible. Finally, he would contend that there is unexplained delay in the matter of disposal of the representation by the Government and there was no consideration also of the representation.

(3.) LEARNED Senior Government Pleader does not dispute that the files disclose that the representation dated 10.12.2010 was received by the Government and it was placed before the Additional Chief Secretary on 14.12.2010 and it was disposed of on 27.12.2010 and the matter was communicated on 28.12.2010. In the circumstances of the case, we are of the view that there is delay which is not explained in the matter of disposal of the representation which renders the continued detention insupportable. In the result, the Writ Petition is allowed and the continued detention of the detenu, namely Rajeev @ Kochunada Rajee is set aside. We direct that if the detention of the detenu is not required in connection with any other case, he shall be released forthwith. Registry shall communicate this Order to the Superintendent of Central Prison, Thiruvananthapuram for compliance.