IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(Crl.).No. 294 of 2008(S) --------------------------------- PETITIONER: --------------- JAYA, W/O.MURALEEDHARAN, KAVADATHALAPUTHENVEEDU, EDANADU MURI, MALAYALAPPUZHA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.S.MANILAL RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, (DISTRICT MAGISTRATE - AUTHORISED OFFICER), COLLECTORATE, PATHANAMTHITTA. 3. DISTRICT SUPERINTENDENT OF POLICE, PATHANAMTHITTA. GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR FOR R1TO R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 294/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF REPORT SUBMITTED BY THE 3RD RESPONDENT DTD. 1.3.2008. EXT. P2 : COPY OF the ORDER OF THE 2ND RESPONDENT DTD. 19.7.08. EXT. P3 : COPY OF GROUNDS OF DETENTION. // True Copy // P.A. to Judge. smp KURIAN JOSEPH & K.T. SANKARAN, JJ. -------------------------------------------- W.P.(Crl.) No. 294 OF 2008 -------------------------------------------- Dated this the 3rd day of October, 2008. J U D G M E N T Kurian Joseph, J. This writ petition is filed with the following prayer: i) Issue a writ of Habeas Corpus directing and commanding the respondents to release the husband of the petitioner namely Sri.Muraleedharan who was illegally detained by Exhibit P2 order as the detention is illegal and unauthorised. Learned Additional Director General of Prosecutions submits that the matter is engaging the attention of the Advisory Board. Learned counsel for the petitioner hence submitted that the petitioner may be permitted to take all available contentions before the Advisory Board and hence this Court need not go into the various legal contentions taken in the writ petition at this stage. 2. Learned Additional Director General of Prosecutions further submits that the consideration by the Advisory Board W.P.(Crl.) No. 294/08 2 cannot brook the delay beyond the permitted period of nine weeks of the detention and therefore, the petitioner need not have any apprehension regarding the undue delay. This writ petition is hence closed, leaving open the contentions. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp W.P.(Crl.) No. 294/08 3 KURIAN JOSEPH & K.T. SANKARAN, JJ. W.P.(Crl.) No. 294 OF 2008 J U D G M E N T 03.10.2008