Omana Revi vs State of Kerala Represented by Additional Chief Secretary

Type Court Judgment Court Kerala Decided Aug 25, 2023

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Citation: sooperkanoon.com/1360974
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Justice Sophy Thomas
Decided On: Aug 25, 2023
Case Number: WP(Crl.)/471/2023

Parties & Advocates

Appellant / Petitioner

Omana Revi

Respondent

State of Kerala Represented by Additional Chief Secretary

Excerpt

.....following: -:2:-j u d g m e n ta.muhamed mustaque, j.this writ petition (criminal) was filed challenging an orderof detention. petitioner is the mother of the detenue who has been detained pursuant to an order passed under the kerala anti-social activities (prevention) act, 2007 [hereinafter referred to as the “kaa(p)a”]. the learned counsel for the petitioner referred to section 3(3) of kaa(p)a and submitted that there was delay in forwarding the order of detention to the government forthwith, after passing the detention order.2. we perused the file. detention order was passed onthe petitioner further argued that there was a delay in considering the order by the government for its approval. we see that the -:3:- government had approved it on 22/9/2022. the proposal was received by the govt on 12/9/2022. we find that approval was also within time. the detenue is involved in a large number of cases. the number of cases and the nature of offences clearly justify the detention order. the argument that there was delay in passing the detention order after the last prejudicial activity is also legally unsustainable. it is appropriate to refer chronology of events which are as follows:1. date of last prejudicial activity :11.04.20222. detenue was arrested on :12.04.20223. he was released on bail :23.07.20224. sho viyur police station gave report on :18.08.20225. sponsoring authority gave report on :27.08.20226. order of detention passed by district magistrate :06.09.20227. submission of proposal to government :12.09.20228. detention order approved by government :22.09.20229. date of reference by govt to advisory board :24.09.202210. date of report of advisory board :27.10.2022 11.date of confirmation of order of detention :07.11.20223. the above events clearly indicate that there was nosnapping of livelink between the last prejudicial activity and the -:4:- detention order. we find no merit in this writ petition. the writ petition (criminal) fails and is.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS MONDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945 PETITIONER/S: OMANA REVI AGED 61 YEARS KADAVI HOUSE, POOLAKKAL FLAT, KURICHIKKARA P.O, MATTAMPURAM, THRISSUR, KERALA,, PIN - BY ADVS.SARATH BABU KOTTAKKAL REBIN VINCENT GRALAN RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY HOME GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT MAGISTRATE CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003 3 DISTRICT POLICE CHIEF THRISSUR DISTRICT THRISSUR, PIN - 4 STATION HOUSE OFFICER VIYYUR, VIYYUR POLICE STATION, VIYYUR, THRISSUR, PIN - 680001 5 THE SUPERINTENDENT5.CENTRAL PRISON, KANNUR, PALLIKKUNNU, KANNUR DISTRICT,, PIN - 670004 BY ADV K.A.ANAS, ADDL. STATE PUBLIC PROSECUTOR(AG-28) THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21.08.2023, THE COURT ON 25/8/2023 DELIVERED THE FOLLOWING: -:2:-

J U D G M E N T

A.Muhamed Mustaque, J.

This writ petition (criminal) was filed challenging an order

of detention. Petitioner is the mother of the detenue who has been detained pursuant to an order passed under the Kerala Anti-Social Activities (Prevention) Act, 2007 [hereinafter referred to as the “KAA(P)A”]. The learned counsel for the petitioner referred to Section 3(3) of KAA(P)A and submitted that there was delay in forwarding the order of detention to the Government forthwith, after passing the detention order.

2. We perused the file. Detention order was passed on

The petitioner further argued that there was a delay in considering the order by the Government for its approval. We see that the -:3:- Government had approved it on 22/9/2022. The proposal was received by the Govt on 12/9/2022. We find that approval was also within time. The detenue is involved in a large number of cases. The number of cases and the nature of offences clearly justify the detention order. The argument that there was delay in passing the detention order after the last prejudicial activity is also legally unsustainable. It is appropriate to refer chronology of events which are as follows:

1. Date of last prejudicial activity :11.04.2022

2. Detenue was arrested on :12.04.2022

3. He was released on bail :23.07.2022

4. SHO viyur police station gave report on :18.08.2022

5. Sponsoring authority gave report on :27.08.2022

6. Order of detention passed by District Magistrate :06.09.2022

7. Submission of proposal to Government :12.09.2022

8. Detention order approved by Government :22.09.2022

9. Date of reference by govt to advisory board :24.09.2022

10. Date of report of advisory board :27.10.2022 11.Date of confirmation of order of detention :07.11.2022

3. The above events clearly indicate that there was no

snapping of livelink between the last prejudicial activity and the -:4:- detention order. We find no merit in this writ petition. The writ petition (criminal) fails and is accordingly, dismissed. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- SOPHY THOMAS JUDGE ms -:5:- APPENDIX OF WP(CRL.) 471/2023 PETITIONER EXHIBITS Exhibit P1 THE ORIGINAL OF THE DETENTION ORDER NO. C1- RESPONDENT Exhibit P2 THE TRUE PHOTOCOPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE ADVISORY BOARD KAA(P)A DATED 21.09.2022 Exhibit P3 THE TRUE PHOTOCOPY OF THE NOTICE SENT TO THE PETITIONER BY THE 1ST RESPONDENT DATED 07.11.2022

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