JITHIN 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 the order of externment No.B3-2795/2023/TSR dtd. 13/3/2023 of the 2ndrespondent Deputy Inspector General of Police, Thrissur Range, which is one issued in exercise of the powers under Sec. 15(1)(a) of the Kerala Anti-Social Activities (Prevention) Act, 2007 ('KAAPA', for short). As per the said order, the involvement of the petitioner in criminal cases is as follows;

(2.) The Station House Officer, Wadakkancherry Police Station submitted a report dtd. 4/1/2023 through the Assistant Police Commissioner, Kunnamangalam, to the 3rd respondent District Police Chief, Thrissur City, with a request to take appropriate action against the petitioner under the provisions of KAAPA. Based on that report, the 3rdrespondent submitted Ext.P1 externment proposal dtd. 14/2/2023 before the 2nd respondent Deputy Inspector General of Police, Thrissur Range, with a request to issue an order of externment under Sec. 15(1)(a) of KAAPA, restricting the petitioner from entering Thrissur Revenue District, for the reason that he was regularly indulging in anti-social activities and causing threat to public peace and tranquillity. After considering the proposal in Ext.P1, the 2nd respondent issued an order dtd. 4/3/2023 to the petitioner, requiring him to appear before him within 5 days and show cause why an order of externment under Sec. 15(1)(a) of KAAPA should not be passed against the petitioner. The records relating to the proceedings were also served on the petitioner. Though the petitioner received the notice on 1/3/2023, he failed to appear before the 2ndrespondent. The 2ndrespondent issued Ext.P2 order dtd. 4/3/2023 requiring the petitioner to appear before him on 7/3/2023. He appeared in person on 7/3/2023 and submitted an explanation. The 2ndrespondent heard the petitioner on 7/3/2023. After considering the records and the explanation offered by the petitioner, the 2ndrespondent passed the order of externment dtd. 13/3/2023, under Sec. 15(1)(a) of KAAPA, whereby the petitioner is restricted from entering the jurisdiction of Thrissur District for a period of six months from the date of receipt of that order. Based on the order of externment passed by the 2ndrespondent, the Sub Inspector of Police, Wadakkancherry Police Station issued Ext.P3 notice dated nil to the petitioner, whereby he was informed about the order of externment dtd. 13/3/2023 of the 2ndrespondent. In the writ petition, the petitioner has raised a contention that he had not been served with a copy of the order of externment dtd. 13/3/2023.

(3.) On 31/5/2023, when this writ petition came up for admission, this Court admitted the matter on file and the learned Public Prosecutor took notice for the respondents. The respondents were directed to file a counter affidavit, within two weeks.