JIMESH K.T. Vs. STATE OF KERALA

JUDGEMENT

(1.) Ext.P2 order of the Deputy Inspector General of Police, Kannur Range (referred hereinafter as 'Authorised Officer') dtd. 22/5/2024 under Sec. 15(1)(a) of the Kerala Anti-Social Activities (Prevention) Act, 2007 [for short 'KAA(P)A'], directing the externment of the petitioner from Kannur Revenue District for a period of six months, is under challenge in this writ petition filed under Article 226 of the Constitution of India.

(2.) The District Police Chief, Kannur City (Sponsoring Authority) by his report dtd. 20/4/2024 recommended the initiation of proceedings under KAA(P)A for the externment of the petitioner from Kannur Revenue District stating the reason that the petitioner has been indulging in anti-social activities causing disruption to public order. The four cases shown in the following table were mentioned in the recommendation for considering the petitioner as a 'known rowdy': <IMG>JUDGEMENT_3_LAWS(KER)10_2024.jpg</IMG>

(3.) Relying on the aforesaid report of the Sponsoring Authority, and the records produced along with it, the Authorised Officer issued show cause notice dtd. 2/5/2024 to the petitioner calling upon him to explain why restraint shall not be imposed upon his free movements inside the State of Kerala. To the above show cause notice, the petitioner submitted Ext.P1 explanation dtd. 14/5/2024 stating that the cases registered against him are the outcome of political animosity and that he is totally innocent. Thereafter, the petitioner was personally heard by the Authorised Officer on 20/5/2024. Having dissatisfied with the above explanation offered by the petitioner, the Authorised Officer passed Ext.P2 order on 22/5/2024 directing the externment of the petitioner for a period of six months from Kannur Revenue District. The aforesaid order is assailed in this writ petition.