Point of Law: Sufficiency of subjective satisfaction is not amenable for judicial review.

JUDGMENT :

ALEXANDER THOMAS, J.

1. The prayers in the above captioned Writ Petition (Criminal) are as follows:

“(I) Issue a writ of certiorari and therefore call for all records pertaining to exhibit P1 and exhibit P5 orders and quash the same as illegal.

(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:

Three crimes have been taken into account by R-2, the Deputy Inspector General of Police, for the issuance of the impugned Ext.P1 externment order. The details of the said three crimes, which have occurred within the requisite seven years period, prior to the issuance of the externment order, have been stated in detail in Ext.P1 and the same has also been reiterated in Para 6 on pages 4 and 5 of the counter affidavit dated 24.1.2023 filed by R-2, Deputy Inspector General of Police. For the sake of easy reference, the above said contents of Para 6 of the above counter affidavit are extracted hereunder:

(i) In Aruvikkara Police Station Crime 09/2019 U/s 143, 147, 148, 149, 323, 326, 427, 307, 120(b) IPC, the petitioner is figured as A2 in the FIR. The brief of the case is that on 04.01.2019 at about 9 PM A1 to A6 unlawfully assembled and brutally manhandled the defacto complainant Lijeesh and inflicted grievous injuries with the intention to kill him on the pretext that he will appear as the witness in a murder case where in the petitioner is the 1st accused (Aruvikkara PS Cr.63/2015 U/s 324, 307 and 302 IPC). The petitioner was absconding after committing the offence. Investigation of the case was completed and charge sheeted on 28.08.2021. The case is under trial as SC 418/2022 at Asst. Sessions Court, Nedumangadu. Next hearing is on n20.01.2023.

(ii) In Aruvikkara police station Crime 1778/2020 u/s 450, 395, 294(b), 427, 506(ii) IPC and Sec. 27 of Arms Act, this petitioner along with other co-accused trespassed into the rented lodge room of the defacto complainant, vandalized his personal belongings and committed theft of currencies worth Rs. 4500/- kept in a purse. The petitioner is figured as A1, absconded after committing the offence. The case is charge sheeted before the JFMC II, Nedumangad and is under trial as CC. 3185/2021. Next hearing date is 14.02.2023.

(iii). In Aruvikkara Police Station Crime 454/2022 U/s 341, 294(b), 506(i), 195(A), 34 IPC, due to the enmity that the complainant deposed witness statement in Cr.1644/2011 against him, this petitioner and 3 associates obstructed the complainant at Vettikonam junction and threatened to kill him and warned him from appearing as witness in the case against them. Delinquent is figured as A3 arrested on 29.04.2022 and remanded to judicial custody. The case is charge sheeted before the JFMC II on 30.06.2022. The case is under trial as CC 898/2022. The hearing date is not yet announced.

5. Going by the allegations projected in the above said three crimes, there may not be any serious dispute that the petitioner satisfies the definitional parameters of “Known Rowdy”, in terms of Section 2(p)(iii) r/w Section 2(t) of the Act. The above said third and last crime, Crime No. 454/2022 of Aruvikkara police station, was stated to have been committed on 18.4.2022 and the same was reported and registered by