IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(CRL.).NO. 463 OF 2008(S) ---------------------------------------- PETITIONER(S): ----------------------- SREELETHA V. W/O. SANTHOSH, HOUSE NO.87 MATHUVILAKOM HOUSE, BHARAT NAGAR, VATTIYOORKAVU, TRIVANDRUM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): -------------------------- 1. GOVERNMENT OF KERALA REP. BY SECRETARY, HOME DEPARTMENT, SECRETARIATE,TRIVANDRUM. 2. THE DISTRICT MAGISTRATE (DISTRICT COLLECTOR) TRIVANDRUM. 3. THE SUPERINTENDENT OF POLICE, TRIVANDRUM BY SHRI K.K. RAVINDRANATH, ADDL. D.G.P. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(CRI.) NO. 463 OF 2008 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE ORDER NO.S13-80152/08 DATED 18.8.2008 ISSUED BY SECOND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE CONFIRMATION ORDER ISSUED BY THE IST RESPONDENT DATED 5.11.2008. EXHIBIT P3 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE HUSBAND OF THE PETITIONER THROUGH THE THIRD RESPONDENT TO THE CHAIRMAN OF THE ADVISORY COMMITTEE. EXHIBIT P4 TRUE COPY OF THE F.I.S. IN CRIME NO.196/2007. EXHIBIT P5 TRUE COPY OF THE STATEMENT OF THE INJURED IN CRIME NO.81/2006. EXHIBIT P6 TRUE COPY OF THE FINAL REPORT IN CRIME NO.302/2007. EXHIBIT P7 TRUE COPY OF THE STATEMENT OF THE INJURED IN CRIME NO.97/2008. EXHIBIT P8 TRUE COPY OF THE LETTER DATED 15.9.2008 ISSUED BY THE PANCHAYAT COMMITTEE OF BJP. EXHIBIT P9 TRUE COPY OF THE LETTER DATED 16.9.2008 ISSUED BY WARD MEMBER OF VATTYOORKAVU GRAMA PANCHAYAT. EXHIBIT P10 TRUE COPY OF THE LETTER DATED 10.9.2008 ISSUED BY SURYANAGAR RESIDENT ASSN. EXHIBIT P11 TRUE COPY OF THE PETITION DATED NIL. EXHIBIT P12 TRUE COPY OF THE AFFIDAVIT OF THE DEFACTO COMPLAINANTIN CRIME NO.97/2002. RESPONDENTS' EXHIBITS: NIL ------------------------------------- A.K. BASHEER & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = WP(CRL.) No.463 of 2008 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of January, 2009 J U D G M E N T ---------------------- Basheer, J. Petitioner is the wife of Santhosh, S/o.Sreekantan Nair, who has been detained by the District Collector and District Magistrate, Thiruvananthapuram by invoking the power under Section 3(2) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (for short, “the Act”). Petitioner contends that the order of detention is vitiated and illegal. He has been detained without any valid reason or authority of law and only because of political vindictiveness. 2. Exhibit P1 order was passed by the Authorised officer under Section 3(2) of the Act after considering the report received from the Deputy Commissioner of Police (Law and Order), Thiruvananthapuram City. In Exhibit P1 order the Authorised officer has stated that he had perused all the relevant documents produced by the Deputy Commissioner in his report. The Authorised officer has referred to four crimes registered against the detenu between 2006 and 2008. In Crime No.81 of 2006 registered by Vattiyoorkavu Police under Sections 143, 147, 148, 323, 294(b), 324 and 307 read with W.P(CRL.) No.463 of 2008 -: 2 :- Section 149 of the Indian Penal Code, the allegation is that on April 11, 2006 the detenu and his accomplices had, in furtherance of their common object to commit murder, assembled unlawfully and assaulted the complainant and his brothers and stabbed them with knives resulting in grievous injuries to all of them. The detenu was arrested in connection with the above crime and later released on bail. It is seen that investigation in the case is still pending for want of arrest of accused No.1 who is reportedly absconding. Further, the report from the Forensic Science Laboratory is also awaited. 3. Crime No.196 of 2007 is registered by Vattiyoorkavu Police against the detenu under Section 341, 323 and 324 read with Section 34 IPC. In the above case allegation is that the accused had assaulted the complainant and caused him bodily hurt. It is seen that the said case is pending in C.C. No.886 of 2007 before the Judicial Magistrate of First Class, Nedumangadu. 4. Third crime pending against the detenu is also registered by Vattiyoorkavu Police as Crime No.302 of 2007 under Sections 451, 341, 323 and 324 read with Section 34 IPC. The above case is also pending in C.C.No.982 of 2007 before the Judicial Magistrate of First Class, Nedumangadu. W.P(CRL.) No.463 of 2008 -: 3 :- 5. The 4th case is also registered by Vattiyoorkavu Police in Crime No.97 of 2008 under Sections 308, 323, 506(ii) read with Section 34 IPC and under Section 27 of the Arms Act. The allegation is that the detenu along with the other accused had caused bodily hurt to the complainant by hacking him with a sword. They had also threatened the complainant with death. The detenu was arrested in connection with the above crime on March 24, 2008 and was released on bail on May 5, 2008. Investigation in the above case is stated to be in progress. 6. The Authorised officer had arrived at a subjective satisfaction to order detention of the detenu after considering the above material aspects as reflected in the report submitted by the Deputy Commissioner of Police. It is on record that pursuant to the above order dated August 18, the 2008 detenu was arrested and detained in the Central Prison, Thiruvananthapuram. 7. Government considered the report submitted by the Authorised officer along with the records and came to the conclusion that the order or detention was warranted in the facts and circumstances of the case. Accordingly, the order of detention was approved by the Government as per order dated September 16, 2008. W.P(CRL.) No.463 of 2008 -: 4 :- Thereafter the matter was referred to the Advisory Board. On receipt of the report from the Advisory Board, Government have confirmed the order of detention as reflected in Exhibit P2 order dated November 5, 2008. 8. Learned counsel for the petitioner contended before us that the order of detention is illegal and vitiated inasmuch as there is nothing on record to indicate that the detenu would satisfy the definition contained in Section 2(p)(ii) of the Act as alleged by respondent No.2. We are unable to agree. It is not in dispute that four cases are pending against the detenu as indicated above. Petitioner does not have a case that her husband was implicated in any of those cases because of any political vendetta. It is true that petitioner has vaguely contended that the detenu is a “social worker”. In the absence of any material to show that the above four crimes have been registered against the detenu only because of political vendetta, we cannot assume that the police had registered those four cases against the detenu only because of political vengeance. 9. Having regard to the entire facts and circumstances of the case and having perused the materials available on record, we do not find any illegality or irregularity in Exhibit P1 order. There is no merit W.P(CRL.) No.463 of 2008 -: 5 :- in any of the contentions raised by the petitioner. Writ Petition fails and it is accordingly dismissed. A.K. BASHEER, JUDGE. THOMAS P.JOSEPH, JUDGE. vsv