WP (Crl.) No. 444 of 2013 (S). Case: K. Narayanan Vs State of Kerala. High Court of Kerala (India)

Case NumberWP (Crl.) No. 444 of 2013 (S)
CounselFor Petitioner: P. Vijaya Bhanu (Sr.), Vipin Narayan, Smt. M. M. Deepa, Advs. and For Respondents: Asaf Ali, Director Gen. of Prosecution, Sr. Govt. Pleader Smt. Kochumol Koduvath, Advs.
JudgesAntony Dominic, J. and P. D. Rajan , J.
IssueKerala Anti-Social Activities (Prevention) Act (34 of 2007) - Section 3; Constitution of India - Article 22(5)
Citation2014 CriLJ 622
Judgement DateNovember 08, 2013
CourtHigh Court of Kerala (India)

Judgment:

Antony Dominic, J.

  1. The challenge in this writ petition is against Ext. P1 order dated 19-1-2013 issued under Section 3 of the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as 'Act' for short).

  2. Petitioner is the father of Rajesh (hereinafter referred to as 'detenu' for short). The detenu was accused in SC Nos. 315/08, 256/10, 201/10, 526/11 and CC No. 2989/12, which were pending at the Criminal Courts at Palakkad. All these cases were charge sheeted based on the crimes registered at the Malampuzha Police Station. Pointing out the involvement of the detenu in the aforesaid criminal cases, the 3rd respondent, the sponsoring authority, submitted Ext. P5 report dated 5-1-2013 to the 2nd respondent, the detaining authority. In this report, the 3rd respondent, after explaining the necessity to do so, requested that proceedings be initiated for classifying the detenu as a "known rowdy" as provided under Section 2(p) of the Act and to order his detention under Section 3 thereof in order to prevent the detenu from continuing his anti-social activities. Based on the report thus submitted, the 2nd respondent, the detaining authority passed Ext. P1 order dated 19-1-2013 classifying the detenu as a known rowdy under Section 2(p) and ordered his detention under Section 3 of the Act. Accordingly, he was detained on 21-6-2013 and since then the detenu is in detention at the Central Prison, Kannur. It is in this background this writ petition has been filed with a prayer to set aside Ext. P1 order and to set the detenu at liberty.

  3. We heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.

  4. Two contentions were urged before us. The first contention raised was that there was inordinate and unexplained delay in the execution of the order of detention. According to the learned counsel, based on Ext. P1 order of detention issued on 19-1-2013, the detenu was detained only on 21-6-2013. As a result of this delay of more than 5 months, the live link between the prejudicial activity and the purpose of detention is lost rendering the detention unconstitutional. In support of this contention, learned counsel placed reliance on the judgments of this Court in Shareefa Ummer v. Joint Secretary (1997 (2) KLT 313: (1998 Cri LJ 185 (Ker)); Soja Beegum v. Additional Chief Secretary to Government (2009 (4) KLT 550): (2010 Cri LJ 1636 (Ker) and the Apex Court judgment in A. Mohammed Farook v. Joint Secretary to Government of India ((2000) 2 SCC 360).

  5. On the other hand, referring to paragraph 8 of the counter-affidavit filed by the 1st respondent and para 10 of the counter- affidavit filed by the 3rd respondent, learned Government Pleader attempted to resist the contention by arguing that the detenu was absconding and despite efforts, could not be detained. According to her, in such a case, it is not open to him to raise the plea that the live link is snapped rendering the detention illegal.

  6. Having gone through the judgments that are relied on by the learned counsel for the petitioner noticed above, we are fairly clear in our mind that the principle is settled that in a case where there is inordinate and unexplained delay either in passing the detention order or in executing the same, it is open to the detenu to raise an argument that as a result of the delay, the live link between the prejudicial activity and the...

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