KIRAN RONALD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 detention order dtd. 3/4/2023 issued by the 2nd respondent District Magistrate, Kollam under Sec. 3(2) of the Kerala Anti-Social Activities (Prevention) Act, 2007, for brevity, 'the KAAPA', and Ext.P5 order dtd. 5/7/2023 of the 1st respondent State, whereby Ext.P1 detention order stands confirmed. The petitioner has also sought for a writ of Habeas Corpus commanding the respondents to produce the detenu 'Shanu' before this Court and set him at liberty forthwith.

(2.) The petitioner is the cousin brother of the detenu 'Shanu'. In the writ petition, it is alleged that the arrest and detention of the detenu is in violation of all the provisions and procedures established by law, his fundamental rights guaranteed under the provisions of the Constitution of India, the provisions of the KAAPA and the direction issued by the Apex Court in the decision reported in D.K Basu v. State Of W.B . [(1997) 1 SCC 416]. It is also alleged that while issuing Ext.P1 detention order, the cases which were already considered for issuing the previous detention order were again considered.

(3.) The 4threspondent Station House Officer, Pallithottam Police Station submitted Ext.P3 report dtd. 20/1/2023 before the 3rdrespondent City Police Commissioner (Superintendent of Police), Kollam, the Sponsoring Authority, pointing out the need for detaining the detenu under the provisions of KAAPA, based on which the Sponsoring Authority submitted Ext.P2 report dtd. 28/1/2023 before the 2ndrespondent District Magistrate. As required by the 2ndrespondent, the Sponsoring Authority submitted the additional documents along with Ext.P4 report dtd. 15/3/2023. In the writ petition, it is alleged that there is no live link from the last prejudicial activity to the date of the detention order, since there occurred an inordinate delay of three months and eight days. Initially, the detenu was detained under Sec. 3(1) of the KAAPA for a period of 6 months from 13/6/2022. After release, the detenu was implicated in Crime No.791 of 2022 of Pallithottam Police Station as the 3rdaccused, alleging offences punishable under Ss. 323, 324 and 308, read with Sec. 34 of the Indian Penal Code, 1860. All the accused in the said crime, including the detenu, got bail by the order dtd. 30/1/2023 of the Judicial First Class Magistrate Court-III, Kollam in C.M.P.No.96 of 2023, subject to the conditions stipulated therein. A copy of the bail order dtd. 30/1/2023 was submitted before the District Magistrate, as an additional document, along with Ext.P4 report dtd. 15/3/2023 of the Sponsoring Authority. Based on Ext.P1 detention order dtd. 3/4/2023, the detenu was again arrested on 4/4/2023. The 1strespondent State, by Ext.P5 order dtd. 5/7/2023, confirmed Ext.P1 detention order, after considering the report of the Advisory Board under the KAAPA and the representation submitted by the detenu.