SAFIYA Vs. STATE OF KERALA

JUDGEMENT

(1.) Subjective satisfaction of the detaining authority on perusing the report of the sponsoring authority and also the materials forwarded by the Superintendent of Police is the sine qua non for preventive detention under the provisions of the Kerala Anti-Social Activities (Prevention) Act, 2007. Under Section 3 of the Act the District Magistrate passes the order of detention after entering the subjective satisfaction on the basis of the information received from the police officer with regard to the activities of any Known Goonda or Known Rowdy, with a view to preventing such person from committing any anti-social activity within the State of Kerala. The crucial question is whether in a situation of the investigating officer having filed final report under Section 173(2) of the Code of Criminal Procedure should the District Magistrate scrutinize the records leading to the final report under Section 173(2) of the Code of Criminal Procedure.

(2.) The Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as the Act) is intended to provide for the effective prevention and control of certain kind of anti-social activities in the State of Kerala. Anti-social activity has been generally defined to mean any conduct causing (likely to cause also) directly or indirectly, any feeling of insecurity, danger or fear among the general public or any section thereof, or any danger to safety of individuals, safety of public, public health or the ecological system or any loss or damage to public exchequer or to any public or private property. Bootlegger, counterfeiter, depredator of environment, digital data and copyright pirate, drug offender, hawala racketeer, immoral traffic offender, loan shark, property grabber are also roped in the definition of persons indulging in anti-social activity. Known Goonda is defined under Section 2(o) of the Act and Known Rowdy is defined under Section 2(p) of the Act which read as follows:

(3.) Power to make orders detaining Known Goondas and Known Rowdies.-- (1) The Government or an officer authorised under Sub-section (2) may, if satisfied on information received from a Police Officer not below the rank of a Superintendent of Police with regard to the activities of any Known Goonda or Known Rowdy, that with a view to preventing such person from committing any anti-social activity within the State of Kerala in any manner, it is necessary so to do, make an order directing that such person be detained.