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Abdul Razack a.A. Vs. State of Kerala

Court : Kerala

..... this petition is filed under art.226 of the constitution of india, by the petitioner, praying for issuance of a writ of habeas corpus to direct release of his brother, mohammed nisham, son of a.b.abdul khader (late) (hereinafter referred to as "the detenu"), who is detained as per order dated 9.3.2015 passed by the 2nd respondent u/s 3 of the kerala anti social activities (prevention) act, 2007 (hereinafter referred to as "act 34 of 2007").2. ..... it was asserted that the mere fact that a person has been classified as a known rowdy will not enable the detaining authority to pass an order of detention, unless the said authority is satisfied that the antisocial activity committed by the detenu has affected public order. ..... the counsel further contends that the definition of 'antisocial activity' in section 2(a) and the definition of rowdy in section 2(t) must assume importance and significance in this context and it was submitted that a true interpretation of the provision would exclude mere infractions of law and order.12. ..... when the object of act 34 of 2007 is to prevent a classified "known rowdy" like the detenu herein, from indulging in antisocial activities which are wp(crl).195/15 49 prejudicial to the maintenance of public order, the standards applied to test the relevancy of subjective satisfaction should be that of a reasonable person. ..... it was contended that the detenu, as an antisocial element, with immense wealth, was creating havoc in the community. .....

Aarifa Beevi Vs. State of Kerala and ors.

Court : Kerala

Reported in : 2009CriLJ4512

..... when does the clock start ticking under section 3(3) of the kerala antisocial activities (preventidn) act, 2007 (hereinafter referred to as the 'kaapa') on the date of the order of detention or the date of detention ? ..... officer under sub-section (2), he shall forthwith report the fact to the government and the director general of police, kerala, together with a copy of the order and supporting records which, in his opinion, have a bearing on the matter and no such order shall remain in force for more than 12 days excluding public holidays, from the date of detention of such known goondas or known rowdy, unless, in the meantime, it has been approved by the government or by the secretary, home department if generally so authorised in this regard ..... kaapa deals with preventive detention societal interests and the need for protection of the rights of the vast silent majority have prompted and persuaded the legislature to tolerate the vice of preventive detention. ..... civilized society can accept the concept of preventive detention only as a necessary evil to prevent abuse of freedom by a few to the detriment of society. ..... that there has been no previous conviction is therefore no defence in a case of preventive detention when the detenu falls within the sweep of clause (ii) of section 2(o) of the kaapa. .....

Sreedevi Vs. State of Kerala Represented by the Chief Secretary and Ot ...

Court : Kerala

Reported in : 2012(3)KLJ480; 2012(3)KLT528

..... petitioner, the mother of vishnu @ motta vishnu, who has been detained in central prison, viyyur, pursuant to an order of detention dated 9.3.2012 issued under the kerala anti-social activities (prevention) act, 2007 (hereinafter referred to as the kaapa), challenges the order of detention. 2. ..... the detaining authority must be satisfied that with a view to prevent such person from committing any antisocial activity within the state of kerala in any manner, it is necessary to pass an order of detention ..... the detaining authority must be satisfied that in spite of the application of the ordinary laws of the land, in order to prevent such person from committing any antisocial activity, his detention is required under the kaapa ..... the crimes referred to in the grounds of detention are of such a nature that it cannot be said that the detenu was involved in any antisocial activities within the meaning of the kaapa and that in order to prevent him from committing any antisocial activity, it is necessary to make an order of detention ..... and other (air 1974 sc 2154), the supreme court laid down the following principles, in the matter of preventive detention: first, merely because a detenu is liable to be tried in a criminal court for the commissioner of a criminal offence or to be proceeded against for preventing him from committing offences dealt with in chapter viii of the code of criminal procedure would not by itself debar the government from taking action for his detention under the act. .....

Thuravoor Mahakshethra Bhakthajana Samity Vs. the Travancore Devaswom ...

Court : Kerala

..... with the provisions of the code of criminal procedure and the kerala police act and the powers of the state executive, we are sure that there will be effective efforts to take all action as w.p. ..... the district collector, alappuzha, the district police chief, the district medical officer and the secretary of the thuravoor grama panchayath are directed to ensure that all unlicensed and illegal shops and traders functioning in the immediate vicinity of the temple are removed and dumping of waste within the temple premises is prevented and if there is any such incident, necessary action shall be taken for removal of such waste. ..... relief no.1 is a request to issue an order for closure of the foreign liquor outlet of the kerala state beverages corporation. ..... the kerala statebeverages corporation, represented by its managing director, thiruvananthapuram-695 001. ..... relief no.2 relates to the requirement for deploying necessary police force during the festival days and to ensure that the festival is not disrupted by any antisocial elements. ..... (c).25828/13 2 and the government have the power to regulate the sale of alcohol and the abkari laws authorize certain officers in that regard, apart from the general power referable to maintenance of public order and tranquility, available to the statutory authorities under the code of criminal procedure, 1973. ..... (c).25828/13 3 may be found necessary in the case of any event of disruption or any unwanted activity by any person. .....

Dropti Devi and anr. Vs. Union of India and ors

Court : Supreme Court of India

..... . from the objects and reasons of the cofeposa act, it is apparent that the purpose of the act is to prevent violation of foreign exchange regulations or smuggling activities which are having increasingly deleterious effect on the national economy and thereby serious effect on the security of the state.section 3 of the cofeposa act, which is not amended or repealed, empowers the authority to exercise its power of detention with a view to preventing any person inter alia from acting in any manner prejudicial to the conservation or augmentation of foreign exchange ..... a view to preventing him from acting in any manner prejudicial to the conservation and augmentation of foreign exchange in future, it is necessary to make the following order:-now, therefore, in exercise of the powers conferred by section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (as amended), i direct that the said shri raj kumar aggarwal @ munna , be detained and kept in custody in the central jail, tihar, new delhi.sd/-(rasheda hussain)joint secretary to the government of india"3. the above detention order came to be passed in the backdrop of the following events ..... . state of kerala, (1973) 4 scc 225) - infringe the basic structure of the constitution, no serious attempt was made during the course of arguments to substantiate it ..... . it provided for preventive detention of these antisocial elements" .....

Ravindra Kautik Patil Vs. State of Gujarat

Court : Gujarat

Reported in : 2000CriLJ2703; (2000)4GLR692

..... the authority considered the possibility of resorting to less drastic remedies and came to the conclusion that in order to immediately prevent the petitioner from continuing his illegal and antisocial activities detention under pasa is the only remedy that can be ..... required to be considered whether this lapse of 16 or 17 days can be said to be long enough to vitiate the subjective satisfaction of the detaining authority for the need to immediately prevent the petitioner from continuing his illegal and antisocial activities. ..... also observed that it all depends on the nature of the acts relied on, grave and determined or less serious and corrigible, on the length of the gap, short or long, on the reason for the delay in taking preventive action, like information of participation being available only in the course of an investigation. ..... the petitioner is a detenu who came to be detained under the provisions of the gujarat prevention of anti-social activities act, 1985 (pasa act for short) by virtue of an order passed by commissioner of police, surat city, surat on 17-3-1999 in exercise of powers under section 3(1) of the pasa act.1.1 the grounds of detention indicate that the detaining authority took into consideration, an offence registered against the petitioner under the bombay prohibition act, so also the statements of two witnesses in respect of two unregistered offences, while passing the ..... kerala air 1990 sc 225 to indicate that delay ipso facto will not be fatal to the detention .....

V.M. Varkey Vs. State of Kerala Represented by the Additional Chief Se ...

Court : Kerala

Reported in : 2012(3)KLT1

..... the question involved in the writ petition (criminal) is whether detention of a person under the kerala anti-social activities (prevention) act, 2007 (hereinafter referred to as 'kaapa') pursuant to his arrest, six months after the order of detention, is vitiated since the maximum period for which he can be detained under section 12 of kaapa shall not exceed six months. 2. ..... the requirement under section 3 of the kaapa is the satisfaction of the detaining authority that with a view to prevent a person from committing any anti-social activity within the state of kerala in any manner, it is necessary to detain such person. ..... we are of the view that the purpose of an order of detention under section 3 of kaapa is not only to prevent the detenu from indulging in illegal activities for a period of six months from the date of passing of the order but to prevent him from indulging in such activities in future. ..... it is trite law that an order of detention is not a curative or reformative or punitive action, but a preventive action, avowed object of which being to prevent the antisocial and subversive elements from imperilling the welfare of the country or the security of the nation or from disturbing the public tranquility or from indulging in smuggling activities or from engaging in illicit traffic in narcotic drugs and psychotropic substances, etc. .....

Shivaji Bapu Chavan Vs. Sharwari Gokhale

Court : Mumbai

Reported in : (1982)84BOMLR13

..... against any slumlord, bootlegger or drug-offender to be made under this ordinance and not under the national security act - on and after the commencement of the ordinance, no order of detention under the national security act, 1080 shall be made by the state government or any of its officers under that act, in respect of any slumlord, bootlegger or drug-offender in the state of maharashtra on the ground of preventing mm from acting in any manner prejudicial to the maintenance of public order, where an order of detention may be or can be made against such person under ..... the provisions of section 17 of the ordinance it is quite clear that the persons who are to be detained under the present ordinance could also be detained under the national security act, though by section 17 it is now declared that after the commencement of the ordinance no order of detention will be issued under the national security act in respect of the persons covered by the present ordinance, therefore, according to shri rane if the provisions of section 9 of the national security act are compared with the provisions of section 9 of the ordinance, then the discrimination is apparent on the face of the record and, therefore, the ..... the ordinance was issued to ensure that the maintenance of public order in the state is not adversely affected by the activities of these known antisocial elements.8. ..... state of kerala : [1978]2scr537 . .....

T.A. Majeed Vs. Karthikeyan

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

..... the registrar of this commission is directed to send copies of this judgment to the secretary of health department, the food safety commissioner, the drugs controller, government of kerala and hereby direct them to issue direction to the subordinates for taking samples of above suspected medicines and suspected adulterated food stuffs selling throughout the state by antisocial elements ..... state is becoming a hell of this antisocial and unscrupulous drug and food stuffs manufacturers and ..... the counsel for the appellant argued on the grounds of appeal memorandum that the forum ought to have found that the complainant was using the drugs of the appellant as simultaneously taking two other medicines ..... (it is a front page news of the mathrubhoomi daily) the honble high court had stayed the production and distribution of medicines of the opposite party made for aids. ..... revealed that ext.a4 is a newspaper report and it was marked and in the forum below the appellant/opposite party has not raised any objection to mark this paper as ..... all the government agencies including drugs controller and his subordinates and food inspectors are keeping mum about this illegal activities, going everything openly in their presence in ..... the forum below analyzed all the evidence available in the case and found that the opposite party committed deficiency in service and unfair trade practice in accordance with provisions of cp act and ordered to pay by the ..... the media can easily prevent ..... coming forward to prevent it. .....

Subhangi Tukaram Sawant Vs. R.H. Mendonca and ors.

Court : Mumbai

Reported in : 2001ALLMR(Cri)1819; 2001BomCR(Cri)152; (2001)4BOMLR631; 2001CriLJ3745; 2001(3)MhLj580

..... the learned counsel for the petitioners at the outset brought to ournotice the provisions of section 2(b-i) of the maharashtra prevention ofdangerous activities of slumlords, bootleggers and drug-offenders anddangerous persons act, 1981 (hereinafter referred to as 'the act') whichdefines 'dangerous person' as under :-'(b-i) 'dangerous person' means a person, who either by himself, or as a member or leader of a gang, habitually commits, or attempts to commit or abets the commission of any of the offences punishable under chapter xvi or chapter xvii of the indian penal code or any of the offences punishable under chapter v of the arms act, 1959. ..... 'secondly, shri chitnis also pointed out the provisions of section 2(c) of the gujarat prevention of anti-social activities act, 1985, which reads as under ;-'(c) 'dangerous person' means a person, who either by himself or as a member or leader of a gang, habitually commits, or attempts to commit or abets the commission of any of the offences punishable under chapter xvi of chapter xvii of the indian penal code or any of the offences punishable under chapter v of the arms act, 1959. ..... but i have not found it necessary to deal with them here as they would have become relevant only if i have been satisfied that the petitioner was an antisocial element. ..... state of kerala this court had an occasion to deal with expressions like 'bad habit', 'habitual', 'desperate'. ..... state of kerala, and l.h. .....