ALEXANDER THOMAS, C. S. SUDHA
SALIM @ KATTAKKADA SALIM S/O KASIM KUNJU – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
ALEXANDER THOMAS, J.
1. The prayers in the afore captioned Writ Petition (Criminal) are as follows:
(ii) To declare that the externment order passed against the petitioner is illegal and unsustainable.
(iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.”
2. Heard Sri. S. Abhilash, learned counsel appearing for the petitioner and Sri. K. A. Anas, learned Public Prosecutor appearing for official respondents 1 to 5.
3. The petitioner herein is aggrieved by the impugned Ext.P-2 externment order dated 28.9.2022 issued by the Deputy Inspector General (DIG) of Police (R-2 herein), whereby, it has been ordered, under Section 15(1) of the Kerala Anti-social Activities (Prevention) Act, 2007 (hereinafter referred to as “KAA(P)A”) that, in view of the facts and circumstances stated in the said order, it is a fit case to order that, the petitioner shall not enter the territorial limits of Kollam City Police District, for a period of 6 months from the date of execution of the said order, as otherwise, he is very likely to indulge in further pre
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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.
Sufficiency of subjective satisfaction is not amenable for judicial review.
Section 107 of Cr.PC reads as security for keeping peace in other cases.
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.
Statutory compliance is essential in preventive detention; mere allegations of delay and non-compliance with procedural safeguards do not automatically invalidate the order.
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....
It is well settled, preventive detention is a harsher remedy, whereby the life and liberty of a person is at stake even without a formal trial to adjudicate his guilt.
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....
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.
Sec.354 of IPC, dealing with assault or criminal force to a woman with intend to outrage her modesty, etc..
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