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ALEXANDER THOMAS, C. S. SUDHA
ABHILASH S/O CHANDRAN – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
ALEXANDER THOMAS, J.
1. The prayers in the above captioned Writ Petition (Criminal) are as follows:
(II) Dispense with the filing of the translation of vernaclar documents produced along with this writ petition.”
2. Heard Smt. Saipooja, the learned counsel appearing for the petitioner and Sri. K.A. Anas, the learned Public Prosecutor appearing for the respondents.
3. Petitioner herein is mainly aggrieved by Ext.P1 externment order dated 28.10.2022 issued by R-2, the Deputy Inspector General of Police, under Sec. 15(1) of the Kerala Anti Social Activities (Prevention) Act, 2007, (for short, KAA(P)A) whereby it has been ordered that, in view of the factual aspects stated therein, the petitioner is restrained from entering into the territorial limits of the Thiruvananthapuram Rural Police Chief, R-3 herein, for a period of six months from the date of receipt of the order.
4. The brief facts, leading to Ext.P1 externment order are as follows:
Excise officers should be treated at par with police officers for purpose of attracting bar against admissibility of confession as in Section 25 of Evidence Act.
Proceedings under Sec.107 Cr.P.C. should have been led to its logical end, requiring writ petitioner to execute a bond and maintain good behavior.
Section 107 of Cr.PC reads as security for keeping peace in other cases.
The court upheld the authority's discretion in assessing criminal involvement for externment, affirming the importance of subjective satisfaction in such determinations despite claims of subsequent s....
The delay in issuing an externment order does not necessarily invalidate the order if the live link for passing the order is maintained, and the authority has the power to prevent anti-social activit....
The main legal point established in the judgment is that an externment order must be based on subjective satisfaction arrived at on the basis of objective material, and strict compliance with the leg....
An externment order must be based on objective material, comply with legal requirements, and be justified by extraordinary circumstances. It must also consider the execution and breach of bonds for g....
The subjective satisfaction for externment must be based on objective material, and the order must pass all legal tests, including strict compliance with the relevant act and consideration of extraor....
Timely action is essential in externment proceedings to maintain a live link between the last prejudicial act and the order, ensuring the authority's satisfaction is justified.
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