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ANIL K. NARENDRAN, VIJU ABRAHAM
Jithin @ Unnimon, S/o. Padmanabhan – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
Anil K. Narendran, J.
The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash the order of externment No.B3-2795/2023/TSR dated 13.3.2023 of the 2nd respondent Deputy Inspector General of Police, Thrissur Range, which is one issued in exercise of the powers under Section 15(1)(a) of the Kerala Anti-Social Activities (Prevention) Act, 2007 ('KAAPA', for short). As per the said order, the involvement of the petitioner in criminal cases is as follows;
Sl No Police Station Crime No. Date of the alleged crime Offences u/s Status
1 Wadakkanchery Police Station, Thrissur 1020/2021 21.07.2021 341, 323, 324, 506 r/w 34 of the IPC CC 1819/2021 pending before JFCM, Wadakkanchery
2 Wadakkanchery Police Station, Thrissur 1147/2021 05.09.2021 143, 147, 148, 341, 323, 324, 326, 308 r/w 149 of the IPC SC 1010/2022 pending before Addl. Sessions Court-I, Thrissur
3 Wadakkanchery Police Station, Thrissur 868/2022 21.11.2022 341, 323, 324, 294(b), 506, 427 ,308 of the IPC Final Report filed before JFCM, Wadakkanchery
2. The Station House Officer, Wadakkancherry Police Station submitted a report dated
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....
Section 107 of Cr.PC reads as security for keeping peace in other cases.
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.
A jurisdictional authority must consider bail conditions before issuing an externment order under the relevant statute.
The court established that an externment order can be issued even to individuals on bail if the authority ensures adequate consideration of bail conditions.
The nature of an externment order under the KAA(P) Act differs from detention orders concerning personal liberty, thus influencing the applicable standards for assessing delays.
The court highlighted the importance of objective material for recording subjective satisfaction to pass an order of externment, the need for compliance with principles of natural justice, and the ne....
Unreasonable delay in externment proceedings can sever the connection to criminal activities and warrant modification of the order.
The court affirmed the validity of externment orders under the KAA(P) Act, emphasizing the necessity of thorough reasoning for maximum durations.
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