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. 56 of 2008(S) ------------------------------ PETITIONER: ---------------- P.S.MUHAMMED, AGED 45 YEARS, S/O.SAIDU PANIKKASSERIL HOUSE, P.O.KUNDAKULAM, METHALA KODUNGALLUR, TRICHUR DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENTS: ------------------- 1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT (HOME & VIGILANCE) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, THRISSUR. 3. THE SUPERINTENDENT OF CENTRAL PRISON VIYYUR. 4. THE SUB INSPECTOR OF POLICE KODUNGALLUR POLICE STATION, THRISSUR. BY SPL. GOVERNMENT PLEADER & 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. 56 OF 2008) PETITIONER'S EXHIBITS: Ext.P1: Copy of the order of detention dtd.7.12.2007. Ext.P2: Copy of the grounds of detention forming the basis of the detention. Ext.P3: Copy of the Malayalam version of Ext.P2. Ext.P4: Copy of the preliminary report submitted by the fourth respondent. Ext.P5: Copy of the FIR in Crime No.233/2001. Ext.P6: Copy of the FIR in Crime No.325/2004. Ext.P7: Copy of the FIR in Crime No.280/2006. Ext.P8: Copy of the FIR in Crime No.643/2006. Ext.P9: Copy of the FIR in Crime No.643/2007. Ext.P10: Copy of the FIR in Crime No.840/2007. Ext.P11: Copy of the order dtd.21.12.2007 from Government of Kerala. -True Copy- P.A.to Judge. P.R.RAMAN & V.K.MOHANAN, JJ. --------------------------------------------- W.P(Crl).No. 56 of 2008 --------------------------------------------- Dated this the 11th day of April, 2008 J U D G M E N T Mohanan,J: Challenging Ext.P2 order of the detaining authority (in this writ petition the impugned order is mistakenly shown as Ext.P1 Memo for executing order of detention) and Ext.P11 order of confirmation passed by the Government by which the petitioner's son is detained under Section 3(1) and 3(2) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (Act 34 of 2007) (hereinafter referred to for short as 'the Act' only), the petitioner approached this Court by filing the above writ petition invoking the extra-ordinary jurisdiction of this Court with a prayer to issue a writ of habeas corpus directing the respondents to produce the detenu, Shanil @ Shanu @ Madatha Shanil, son of Muhammed, Panikkassery House, Near Devi Academy, Methala Village, Thrissur District and to set him at liberty forthwith and also prayed to quash Exts.P1 and P11 orders by issuing a writ of certiorari. WP(Crl) NO.56 of 2008 :-2-: 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. 3. Though the petitioner has raised several contentions on the basis of the particular facts and circumstances involved in the case, we are not going into the merits of those contentions since we have already taken a view on an identical issue in our decision dated 4.4.2008 in W.P.(Crl) No.71 of 2008 on the basis of the Apex Court decision reported in Makhan Singh v. State of Punjab (AIR (39) 1952 SC 27)(C.N.7). In the present case, the challenge is against Ext.P2 from where it can be seen that the detaining authority, the second respondent herein had ordered to detain the detenu for a period of six months. In the light of the above decision of the Apex Court and especially in the light of the view taken by this Court in the above mentioned judgment dated 4.4.2008, the above order of the District Collector, the detaining authority who fixed WP(Crl) NO.56 of 2008 :-3-: the initial detention period as six months is not sustainable. Consequently, the same is liable to be quashed. 4. In the result, we quash Exts.P1, P2 and P11 orders and the respondents are directed to release the detenu, Shanil @ Shanu @ Madatha Shanil forthwith, if he is not required in any other case. The above 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.56 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.56 of 2008 :-5-: DATED: -2007 WP(Crl) NO.56 of 2008 :-6-: