IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 11TH APRIL, 2008 / 22ND CHAITHRA, 1930 WP(Crl.).No. 92 of 2008(S) ------------------------------ PETITIONER: ---------------- ITHIKKUTTIYUMMA, W/O.MUHAMMED, KAVUNGAL NAMBILLATH, NEDIYIRUPPU P.O., KONDOTTY (VIA), MALAPPURAM. BY ADV. SRI.K.P.MUJEEB RESPONDENTS: ------------------- 1. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, MALAPPURAM. 3. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 4. THE SUPERINTENDENT, CENTRAL PRISON, VIYYOOR, THRISSUR. BY SPL. GOVERNMENT PLEADER & THE LIAISON OFFICER SRI.K.K.RAVEENDRANATH. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WP(Crl) No. 92 OF 2008) PETITIONER'S EXHIBITS: Ext.P1: Copy of the detention order dtd.11.1.2008 Ext.P2: Copy of the order dtd.24.12.2007 in Crl.M.C.No.1009/2007 on the filed of the Court of Sessions Judge, Manjeri. Ext.P3: Copy of the detailed representation before the Advisory Board made by the petitioner's son. Ext.P4: Copy of the order dtd.22.1.2008 issued by the 1 st respondent. -True Copy- P.A.to Judge. P.R.RAMAN & V.K.MOHANAN, JJ. --------------------------------------------- W.P(Crl).No. 92 of 2008 - S --------------------------------------------- Dated this the 11th day of April, 2008 J U D G M E N T Mohanan,J: The above writ petition is filed by the mother of one Mujeeb Rahman @ Veerappan Mujeeb challenging Ext.P1 order dated 11.1.2008 issued by the second respondent by which the petitioner's son is detained as per the provisions of the Kerala Anti-Social Activities (Prevention) Act, 2007 (Act 34 of 2007)(hereinafter referred to for short as 'the Act' only). Hence she approached this Court by filing the above writ petition with a prayer to issue a writ of habeas corpus directing the respondents to produce her son Mujeeb Rahman @ Veerappan Mujeeb, the detenu and to set him free forthwith. It is also prayed for a declaration that Ext.P1 order is illegal and vitiated. 2. We have heard the learned counsel for the petitioner as well as Sri.K.K.Raveendranath, the learned Special Government Pleader and the Liaison Officer. WP(Crl) NO. 92 of 2008 :-2-: 3. We had occasion to consider the validity of the detention order passed by the detaining authority while exercising their powers under Section 3(1) and 3 (2) of the Act. On the basis of the decision of the Apex court reported in Makhan Singh Tarsikka v. State of Punjab (AIR (39) 1952 SC 27)(C.N.7), we had held in W.P.(Crl) No.71 of 2008 that the detaining authority who exercises the powers under the provisions of the Act 34 of 2007 has no power to detain initially the detenu for a period of six months as in the present case. 4. On a perusal of Ext.P1 order, it can be seen that the second respondent, the detaining authority issued Ext.P1 order, in exercise of her powers under Sections 3(1) and 3(2) of the Act, ordering to detain the detenu for a period of six months. In view of the above position of law settled by the Apex Court as also the above decision of this Court, the detaining authority has no jurisdiction to fix the period of detention initially for a period of six months. Therefore, Ext.P1 order is not sustainable and the same is liable to be quashed. WP(Crl) NO. 92 of 2008 :-3-: 5. In the result, Ext.P1 order is quashed and the respondents are directed to release the detenu Mujeeb Rahman @ Veerappan Mujeeb forthwith if he is not required in any other case. The writ petition is allowed to the above extent and no order as to costs. P.R.RAMAN, Judge V.K.MOHANAN, Judge MBS/ WP(Crl) NO. 92 of 2008 :-4-: P.R.RAMAN & V.K.MOHANAN, JJ. -------------------------------------------- O.P.NO. OF 2001 ------------------------------------ J U D G M E N T WP(Crl) NO. 92 of 2008 :-5-: DATED: -2007