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ALEXANDER THOMAS, SOPHY THOMAS
Anju C. Ravi W/o Sanju – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
ALEXANDER THOMAS, J.
1. The prayers in the afore-captioned Writ Petition (Criminal), seeking for a writ of Habeas Corpus and Certiorari, in regard to the challenge against the detention order issued against the detenu, under the Kerala Anti-Social Activities (Prevention) Act, (KAA(P)A), is as follows:
(ii) Petitioner also prays that this Hon'ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language.
(iii) To grant such other reliefs prayed for by the petitioner in the interest of justice.”
2. Heard Sri. C. Rajendran, learned Advocate instructed by Smt. R.S. Sreevidya, learned counsel appearing for the petitioner and Sri. K.A. Anas, learned Public Prosecutor appearing for the respondents.
3. The petitioner herein is the wife of the
Section 2(p) of Act reads as “known rowdy” means any person, who had been, by reason of acts done within previous seven years as calculated from date of order imposing any restriction or detention un....
Statutory compliance is essential in preventive detention; mere allegations of delay and non-compliance with procedural safeguards do not automatically invalidate the order.
Law is well settled that legal parameters should be fulfilled by detaining authority to justify a case of preventive detention, where an accused is already under judicial remand in a crime.
The court affirmed that previous crimes may be considered in detention orders under the Kerala Anti-Social Activities Act, with permissible delays explained adequately by authorities.
Expression “compelling reasons” in context of making an order for preventive detention of a person already in custody implies that there must be cogent materials before detaining authority.
Detenu will satisfy definitional parameters of “known goonda” as per Section 2(o) read with Section 2(j) of Act.
Sec.354 of IPC, dealing with assault or criminal force to a woman with intend to outrage her modesty, etc..
If person concerned is in judicial custody and if there is likelihood of his being released shortly, then detaining authority may stay its chance for a short while and think of passing an order of de....
A detention order can be validly passed under preventive detention even if the individual is in judicial custody, contingent on established criteria of likely bail release and previous criminal histo....
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